Gordon Rambissoon was charged with impaired and “over 80”. At trial he sought to exclude evidence – including the breath readings – based on alleged violations of his rights under sections 8 and 10(b) of the Charter:  The alleged violations were based on the timing of the ASD demand by the police.

Knazan J found that there was a breach. Turning to section 24(2) – at the time just months after R v Grant, 2009 SCC 32 had been released – Knazan J held that the evidence should not be excluded, noting, inter alia, that trivial nature of the breach.