Accused charged with DUI (impaired driving) and refusal to blow. No Roadside Test performed. Reasonable and probable grounds for breath demand based on physical symptoms of impairment alone. Police car equipped with camera capable of capturing alleged symptoms. Despite several requests to secure this evidence from the police the prosecution was unable to do so. Police explained that, while the in-car camera was on and functional on the night in question, the specific video pertaining the accused could not be located. Defence filed Charter violation notice under s.7 alleging inability to produce this relevant evidence violated the state’s obligation to preserve evidence so as to ensure the accused’s right to a fair trial.
Held: Prosecution upon receipt of defence notice immediately elected to withdraw all charges against the accused.