Law360 Canada ( December 22, 2023, 7:19 AM EST) -- Application by Maguire for exclusion of his statements and breath results pursuant to s. 24 of Canadian Charter of Rights and Freedoms (Charter). Police attended at the scene of a collision and saw that Maguire was visibly intoxicated. He was arrested for impaired driving and driving while blood alcohol was over .08. He made several incriminating statements while in the police vehicle on the way to the station even after booking and while providing breath samples. Maguire alleged Charter rights violations, including ss. 10(a) and 10(b) for failure to advise him he was being detained while being investigated about the motor vehicle collision and failure to provide him with his right to counsel. Further, Maguire alleged that the Crown failed to establish beyond a reasonable doubt that his statements were voluntary. The Crown submitted that Maguire was never detained but was merely delayed by the police who were asking exploratory questions and that despite the cautions given to Maguire and his clear appreciation of what he was saying, as shown by the in-car camera (ICC) footage and the footage at the police station, voluntariness had been established beyond a reasonable doubt....