The defendant, facing impaired driving charges, brought a Charter application to exclude evidence obtained by police.
The application alleged unreasonable delay in administering a Standard Field Sobriety Test (SFST) and an unlawful vehicle search, arguing breaches of sections 8, 9, 10(a), 10(b), and 11(c) of the Charter.
The court found that the delay in administering the SFST was reasonable due to a public safety distraction involving an irate third party.
While acknowledging an unlawful vehicle search occurred, the court determined that no evidence from that search was relevant to the impaired driving charges.
Consequently, the court denied the application to exclude the evidence, finding no Charter breach regarding the impaired driving investigation.
