Client charged with impaired driving and refusing breathalyzer. Defence argued that admissions of driving and drinking post car accident protected by “use immunity” as provided by client to police in honest and reasonable belief that this was required under provincial law.
Held: Court finding a breach of client’s s. 7 Charter rights (right to remain silent) and excluding portion of statement pertaining to admission of driving, but not admission as to alcohol consumption. Crown electing at this point due to call no further evidence on either charge however and case dismissed.