Accused charged with impaired driving. Impairment believed to be caused by drugs. Police attended at a parking lot area in response to a complaint of an intoxicated person who had just parked his vehicle. Police investigation began with a search of the accused’s vehicle. Suspected drug residue and drug paraphernalia found inside the vehicle. Accused arrested for impaired driving by drug. Defence filed a constitutional notice alleging that the police search of the accused’s vehicle violated section 8 of the Charter of Rights (protecting against unreasonable search or seizure) and that all evidence discovered as a result of the search was inadmissible.
Held: Charges stayed.