Conviction appeal on impaired and dangerous driving charges. “Issue in this appeal is whether there was a miscarriage of justice as a result of a lack of procedural fairness related to Charter rulings in a voir dire subsequently reversed in the course of the trial judge’s reasons for conviction.” Trial judge reversed his finding regarding the existence of reasonable grounds.

Held: Appeal allowed.

“Trial judge should have given the appellant reasonable notice of his decision to reverse himself on the Charter breaches. Doing so would have provided the appellant the opportunity to fully re-argue whether the police had reasonable and probable grounds.” Martin, JA dissented.

D. Derie-Gillespie – Defence Counsel