HTW was charged with impaired driving, operating a motor vehicle over .08 and possession of cannabis marijuana in an amount exceeding 30 grams contrary section 4(1) of the Controlled Drugs and Substances Act.
The RCMP observed HTW leave a bar, enter his vehicle and drive away. The police stopped HTW and arrested him for impaired driving. A search of HTW’s vehicle incident to arrest revealed the presence of a backpack containing 156 grams of cannabis marijuana. HTW was returned to the RCMP detachment where police obtained samples of his breath well in excess of the legal limit.
Patrick Fagan challenged the admissibility of all evidence (drugs and breath samples) acquired by the police during the course of their investigation on various grounds including the violation of HTW’s right to be secure against unreasonable search or seizure as guaranteed by the Charter.
Bottom Line: The case was ultimately resolved by way of a complete withdrawal of the charge of impaired driving, over 0.08 and the granting of a conditional “discharge” germane to the drug charge. Bottom Line: Convictions were avoided in relation to all charges.