Superior Court of Justice upholds the trial judge’s acquittal and dismisses the Crown appeal

Calvin Barry Professional Corporation lawyer Ahmad Karzai successfully defends appeal by the crown regarding the dismissal of charges against Claudia Flores.

Here is an overview:

  • The judge decided that the respondent’s s. 8 rights were violated by a warrantless search of the house.
  • The judge also decided that the Charter breach was sufficiently connected to the respondent’s subsequent discovery and provision of breath samples. After conducting an assessment under s.24(2) of the Charter, the trial judge excluded the breath readings and the respondent was acquitted.

Read the full verdict here.