Steven Henry Skolnik

The accused was charged with driving with excess alcohol in her system and impaired driving following a motor vehicle collision on the Don Valley Parkway on February 20, 2013.

The trial raised significant Charter issues regarding the accused's right to counsel.

The court found that the accused did not receive a reasonable opportunity to consult with duty counsel due to the duty counsel's unprofessional and rude conduct, combined with the police's failure to provide a Prosper warning or explore alternative options for legal consultation.

The court excluded the breath readings as evidence under section 24(2) of the Charter, finding that their admission would bring the administration of justice into disrepute.

Without the breath readings, the Crown could not prove impairment beyond a reasonable doubt, and the accused was acquitted on both counts.

The accused was charged with having care and control of a motor vehicle with a blood alcohol concentration exceeding 80 milligrams of alcohol in 100 millilitres of blood.

The Crown relied on a breathalyzer test result of 150 milligrams.

The defence challenged the validity of the approved roadside screening device (ASD) demand on grounds of breaches of sections 8 and 10(b) of the Canadian Charter of Rights and Freedoms.

The court found that the officer detected an odour of alcohol at the initial contact but unreasonably delayed making the ASD demand to conduct routine license inquiries.

The court further found that the total delay of 21 minutes from the formation of reasonable suspicion to the point the officer was ready to require a breath sample provided a realistic opportunity for the accused to consult with counsel, which was not afforded.

The court concluded that section 8 rights were breached and excluded the evidence, resulting in an acquittal.