If police delay roadside screening, you are wrongly detained

On November 24, 2020, Judge Dianne L. McGrath of the Provincial Court of Nova Scotia made an important decision in a DUI case which further supports liberty and protection against arbitrary searches under the Canadian Charter of Rights and Freedoms.  In the case, Devyn Garland was found not guilty of failing to provide a breath sample.  The case was really about this principle:  if you are stopped by police for a roadside impairment test, they have to do the test […]