R. v. E.C. Impaired Driving/DUI

June 1, 2026

Allegations

E.C. was charged with impaired driving following a motor vehicle collision in the early morning hours. Police arrived at the scene of an existing traffic accident, when E.C.’s vehicle struck a police cruiser. He was arrested for the offence of impaired driving and, shortly thereafter, a breath demand was made. A second officer on scene opened the door of E.C.’s vehicle and seized a beverage can from the rear seat, which the arresting officer relied upon, along with other observations (the odour of alcohol, E.C.’s confusion in producing his driver’s licence, and the collision itself) as grounds for the arrest. A subsequent breath examination yielded readings that were over the legal limit, resulting in a further charge of “Over 80”.

Defence Strategy

Mr. Fedorowicz filed a Charter application seeking exclusion of all evidence from E.C’s trial on the basis of multiple constitutional violations.

  • First, the seizure of the beverage can from the vehicle was challenged as an unlawful, warrantless search in violation of s. 8 of the Charter, with no legal authority — statutory or otherwise — to support it.
  • Second, once the beverage can was excluded from evidence, it was argued that the remaining factors fell short of establishing an objective basis to arrest E.C. for the offence of impaired driving.
  • Third, multiple violations of E.C.’s right to counsel under s. 10(b) were advanced: an unexplained 24-minute delay in facilitating access to a lawyer; questioning of E.C. before he had spoken with counsel, resulting in inculpatory statements; and impermissible interference with E.C.’s right to counsel of choice, including the officer involving himself in what kind of lawyer E.C. should contact.

Result: Not Guilty

The Court granted the Charter application and excluded all evidence. In doing so, the Court found that multiple serious constitutional violations had occurred across two officers, and that admitting the evidence would bring the administration of justice into disrepute. As result, E.C. was acquitted of all charges.