Impaired driving trial. Issue regarding whether screening breath sample ought to be excluded pursuant to 24(2). Previous ruling found that police lacked grounds to believe that the accused was the operator of the vehicle in preceding 3 hours..

Held: Screening breath sample excluded.

Lal, 2012 ABQB 358 followed. Serious breach. No evidence that the police “turned their minds” to the issue of time of driving. Regarding the impact on the Charter protected interests, although the police were professional and courteous in dealing with the accused, “the fact remains that she was publicly arrested, transported in police custody, and kept in a custodial portion of the police district office.”

I. McKay – Defence Counsel