Accused charged with impaired driving, blowing over. 08, and possession of marihuana. Vehicle stopped by police due to an alleged amber light violation. Police claimed to smell marihuana in the vehicle (although only a small amount of the drug was later found in a sealed glass jar). Because of the alleged smell, the accused was arrested for drug possession, was questioned, and approximately 25 minutes later a breath demand was read after the police noted an odour of alcohol. Defence filed a Constitutional Notice with the court, alleging an unlawful arrest and breath demand contrary to section 8 of the Charter, and a breach of the right to counsel given the roadside questioning of the accused.

Held: All charges withdrawn by the Crown on trial date.