Impaired driving trial. Issue regarding whether reasonable grounds to arrest existed. Very minor driving pattern noted. Red / glassy eyes, unsteady on feet, and slurred speech observed by police.
Held: S. 8 breach. Certificate not excluded.
While the police officer had a genuine subjective belief in grounds to arrest, upon review of the totality of the circumstances, the officer’s belief was not objectively reasonable. Regarding 24(2), not a serious breach. The officer had “some grounds to arrest”, and his conduct “cannot be described as ‘deliberate and egregious’ (Grant at para. 108), or a departure from Charter standards which was ‘major in degree’ (Harrison  2 SCR 494 at para. 22).”
K. Aujla – Defence Counsel