Accused was charged with impaired driving and refusal to blow. The police received a complaint of erratic driving in a parking lot. Upon police arrival, the vehicle was located and stopped. The accused admitted to consuming alcohol, smelt of alcohol, had trouble locating documents, and stumbled upon getting out of his vehicle. The police then arrested the accused for impaired driving and read a breath demand. The accused ultimately refused to provide breath samples. The defence filed a constitutional notice with the Court, alleging that the arrest of the accused was unlawful as the police lacked the necessary reasonable grounds.
Held: Crown withdrew both charges.
Crown Prosecutor conceded that given the constitutional issues that had been raised, there was no reasonable chance of a conviction. Defence