The defendant was charged with exceed 80 following a traffic stop on March 4, 2014.
While the defendant's impairment was not disputed, the case was defended on Charter grounds and the contention that the "as soon as practicable" requirement had not been met.
The court found that police violated the defendant's Charter section 7 rights by failing to provide access to toilet facilities, a change of wet clothing, adequate warmth, and food during approximately 12 hours of custody.
The court determined that the totality of this neglect amounted to a violation of the defendant's right to fair, humane, and dignified treatment.
A stay of proceedings was granted as the appropriate remedy.
