R. v. J. D. 2011, Alta. Prov. Ct.

Client acquitted of refusing roadside breath test due to violation of his s. 9 Charter right not to be arbitrarily detained. After determining client was “releaseable” back at the police station he was detained in custody for 9.5 hours because the officer chose to complete his investigation and report, only to be called away on a high priority matter. No justification for the officer not to have done more prior to receiving the high priority call 3 hours into the detention.