A man who had his Charter rights violated when he was arrested for impaired driving has seen his conviction restored after the Supreme Court of Canada ruled Thursday that even though the evidence was obtained unlawfully it should not be excluded from trial.
The case stems from an incident that took place at 12:30 a.m. in March of 2016 on Biish Road, in Thessalon First Nation Reserve on the northern shores of Lake Huron.
Ontario Provincial Police noticed Walker McColman driving an all-terrain vehicle from a convenience store parking lot, onto a public highway and then onto his parents’ driveway.
One of the officers
