Crown withdrawing impaired driving/over .08 charges against client on strength of defence Charter notice alleging breaches of client’s rights under sections 8 (unreasonable search), 9 (arbitrary detention) and 10(b) (violation of right to counsel). Officer formed grounds for arrest and search based on minimal physical symptoms and without the benefit of a roadside screening test. Client having difficulty speaking to lawyer of his choice and was not satisfied with call from duty counsel, particularly when officer took “call back” from duty counsel and client not satisfied as to whom he was talking to. Officer decided too much time had elapsed to give the client further opportunity to speak to lawyer and insisted test proceed without obtaining a waiver of counsel from client.
July 2, 2011