The Crown appealed the respondent's acquittal on impaired driving charges.
The trial judge had found "bolus drinking" was in play, and excluded evidence of the respondent's weight, obtained without statutory or common law authority, under s. 24(2) of the Charter.
The appeal court upheld the trial judge's findings on bolus drinking and the s. 8 Charter breach, agreeing that compelling the respondent to be weighed without proper legal authority was a serious breach.
The court also upheld the exclusion of evidence under s. 24(2) of the Charter, emphasizing the need for police policy to be authorized by law and the importance of protecting a detainee's right against self-incrimination.
