Law360 Canada ( June 1, 2022, 6:33 AM EDT) -- Application by the accused for the exclusion of the evidence of his refusal to provide breath samples due to alleged breaches of s. 10(b) of the Canadian Charter of Rights and Freedoms (Charter) and for a stay of proceedings due to breaches of his rights under ss. 7, 9 and 11(e) of the Charter. The accused was charged on a Saturday with impaired operation of a conveyance and refusing to provide a breath sample into an approved instrument. He was arrested and not released until Monday, 58 hours later. He sought a stay of proceedings because he was not taken before a justice within 24 hours of his arrest, contrary to s. 503 of the Criminal Code. The accused was first taken for breath testing and then for further processing because he was being held for a reverse onus show cause hearing due to earlier outstanding charges. It took over three hours for this simple case to be completed at the station. The accused arrived at 52 Division in the afternoon. By this time, it was clear that in the best-case scenario, he would not see a justice until the next morning at 10:00 a.m. The accused was not sent to the courthouse the next morning until shortly after 11:00 a.m., 29 hours after his arrest. When he was brought to the courtroom, he learned that a consent release would be available if he had a surety, which he did not. Duty counsel asked that his warrant of remand be held so that he could speak to Bail Program, but at the same time suggested a return date of Monday. He was not brought back to the courtroom to address the matter, and no one advised the Court that he had been arrested over 33 hours prior. The accused was then not taken before a justice until 3:00 p.m. which led to an adjournment to Monday....