Client charged with s. 320.14(1)(a) CC Impaired Operation of a Conveyance and s. 320.14(1)(b) CC Operation While Impaired – BAC Exceeding 80 mg. At trial, counsel demonstrated that contrary to the investigating officers’ testimonies, the police had entered the client’s home without there being a medical emergency, and that there was no other basis for their entry. Counsel also established that the client was funneled towards duty counsel, as the police were not reasonably diligent in facilitating a call to the client’s counsel of choice. Based on the ss. 8, 9, and 10(b) Charter breaches, all evidence acquired after the breach of the client’s residence were excluded from trial, and the client was acquitted of all charges.
2021