The accused was charged with operating a motor vehicle while impaired by alcohol and having a blood alcohol concentration in excess of 80 milligrams per 100 millilitres of blood.
The accused brought a Charter application alleging breaches of section 7 rights based on excessive force during arrest and loss of evidence (14 minutes of DVD recording from the breath room).
The court found that the accused sustained injuries during arrest including abrasions to his face, a cut above his eye, a bump on his head, a severely injured right thigh, and sore shoulders.
The court accepted the accused's testimony that he was subjected to excessive force, including a knee strike to his leg and multiple blows to his back while being restrained.
The court also found that the loss of the final 14 minutes of the breath room recording constituted a breach of the accused's right to make full answer and defence due to unacceptable negligence in evidence preservation.
A stay of proceedings was granted as the appropriate remedy.
