This decision addresses the Charter challenges raised by Trevor Allen regarding his arrest and breath sample seizures for impaired operation and excessive blood alcohol concentration.
The court analyzed alleged breaches of sections 8, 10(a), and 10(b) of the Charter, focusing on the timing and lawfulness of demands for breath samples using an Approved Screening Device (ASD) and an approved instrument at the police station.
The judge found that while there was a delay in informing Mr. Allen of his right to counsel, the delay was not egregious and did not justify exclusion of the breath evidence under section 24(2).
The seizure of breath samples was held to be lawful and taken as soon as practicable.
Ultimately, Mr. Allen was found guilty on both counts.
