Tarinpal Dhaliwal

This decision addresses a Charter application in a case involving impaired driving charges against Francisco Osorio.

The court considered alleged breaches of sections 8, 9, and 10(b) of the Charter related to the timing and administration of a Standardized Field Sobriety Test (SFST), the grounds for arrest and breath demand, the failure to provide an interpreter, and the length of detention.

The court found the SFST demand was timely and lawful, no Charter breach arose from the administration protocols or reliance on the SFST results despite the defendant's medical condition (BPPV), and no breach occurred regarding the interpreter or detention length.

The impaired operation charge was dismissed due to reasonable doubt, but the blood alcohol concentration charge was upheld.

This decision addresses multiple alleged Charter breaches related to the arrest and detention of Rajiv Quinless for impaired driving with excess blood alcohol concentration.

The Court found no breaches regarding the reliance on the Approved Screening Device (ASD) results or the adequacy of the information provided about the reasons for arrest.

There was no breach found in the timing of the right to counsel being read.

However, the Court found serious breaches of the right to counsel under s.10(b) of the Charter, including impermissible steering to duty counsel instead of allowing the accused to contact his brother for legal assistance, and a breach of the right to consult with counsel in private due to the accused’s reasonable belief that the consultation was not private.

The evidence (breath readings and utterances) was excluded under s.24(2) to maintain confidence in the administration of justice, resulting in a dismissal of the charge.