Law360 Canada ( March 19, 2021, 6:22 AM EDT) -- Appeal by Paterson from a decision that set aside the stay of impaired driving charges against her. Police officers found the appellant slumped over in the driver’s seat of a vehicle in the parking lot of a liquor store. An officer opened the vehicle door and shook the appellant. She opened her eyes but had trouble focusing. She smelled of alcohol and had difficulty walking. The officer arrested the appellant and took her to the police station. Video of the appellant’s detention cell captured the appellant’s use of the toilet. The trial judge found the appellant was grossly impaired and had care and control of a motor vehicle. The trial judge concluded there was no Charter violations with respect to the appellant’s arrest. The trial judge found the video recording of the appellant’s toilet activities was a violation of s. 8 of the Canadian Charter of Rights and Freedoms (Charter) and directed a stay of proceedings. The appeal judge confirmed the violation of s. 8 of the Charter but found the trial judge misdirected herself on the law in directing a stay....