Impaired driving (DUI) file. Client failed roadside screening breath test, was arrested and provided two breath samples at the police station. The lowest readings was 130 mg%. Officer was driving the client home and became concerned about his mental health. As a result, he returned with client to the police station and lodged him in cells until the morning. In the morning, another officer took the client to the hospital as there were still mental health concerns.
Charter notice filed alleging unlawful detention after the investigation and a violation of the right to full disclosure. The full maintenance records in respect of the breathalyzer machine was not provided by the Crown, the VICS camera from the police car was not provided, and prisoner logs and reports were not provided. Notice indicated that a stay of proceedings would be sought as a remedy.
Held: Crown withdrew the charges on the trial date.