Charged with "over 80", prior to the trial commencing, cousel for the respondent had filed an application alleging breaches of the respondent's rights under sections 10(b) was not pursued. A voir dire was then held commencing on June 14 2002 which was principally directed towards the allged breath under section 7 and in particular the future of the Corwns to disclose the alcohol stand logbook. Appeal was allowed, the dismissal of the charge is set aside and a new trial is ordered.

Trial judge did not undertake any analysis under section 24(2) of the Charter as to whether, assuming a breach of section 8, the evidence could nonetheless be admitted.