SECTION 9 - CHARTER RIGHTS VIOLATED WHEN THE SUSPECT WAS STOPPED BECAUSE THE OFFICER THOUGHT THE VEHICLE WAS "SUSPICIOUS"
Sunday, October 27, 2013 at 9:49AM Winnipeg Police Service officers decided to stop a vehicle because they thought that it was suspicious that there was a vehicle on a road that lead to a park on the outskirts of the city at 2:00 a.m. Eventual questioning lead to an ASD fail and arrest (but forgetting to read the formal breath demand until 20 minutes later at the detachment) and samples that were over 80. Ms. McCammon was acquitted at trial when the evidence of the breath samples was excluded due to section 8 and 9 breaches. The Manitoba Court of Appeal dismissed the Crown's application for leave to appeal:
[H]ighway traffic stop authority cannot be a means to conduct an unfounded general inquisition or a comprehensive check for criminal activity. [P]olice cannot validate an otherwise illegal stop by pursuing highway safety issues once the accused is detained. R. v. McCammon, 2013 MBCA 68