The Queen v. S.(J.) 2022

   Multiple drivers on the highway between Lake Country and Kelowna called 911 to report a very erratic driver who was described as weaving all over the road and almost causing numerous accidents.  A short time later police set up surveillance on the highway to intercept the driver.  Once the police spotted the vehicle they began following it and also observed it swerving all over the road.  When police attempted to pull the vehicle over it almost hit a pedestrian as it came to a stop in a gas station parking lot.  The client was identified as the driver and very soon after the pull over began police began to suspect that he was high on drugs as opposed to being intoxicated from alcohol.  The client was arrested for impaired driving and brought back to the police station  so the police could conduct drug evaluation examinations.  The client failed those miserably and was required to provide a urine sample for analysis.  The urine sample came back positive for cocaine as well as a medley of over the counter uppers and downers.  Predictably the client was charged with driving a motor vehicle while impaired from drugs.  The client retained Mr. van der Walle who carefully reviewed the file and came to the conclusion that the police had seriously violated the client’s Charter rights in two distinct ways during the investigation.  After discussing the matter with Crown counsel, and much to the prosecutor’s credit, the charge was dropped when the Crown entered a stay of proceedings.  No trial necessary.  Not guilty.