SOMBA K'E/YELLOWKNIFE - A territorial court judge said police overstepped their bounds when they arrested a 56-year-old man on suspicion that he was driving while drunk.

The man was on trial Monday for a charge of driving while impaired, refusing to provide a breath sample, and obstructing a police officer under the Motor Vehicles Act.

The defence asked the court to consider whether the man's rights, as per the Charter of Rights and Freedoms, were violated during his arrest. If the court found the police infringed on the man's rights, the defence asked that the charge of failing to provide a breath sample be thrown out.

"The seriousness of violating (the man's rights) outweighs the need to adjudicate the charge of failing to provide a breath sample," Judge Christine Gagnon agreed, who threw out the charge.

The facts stated in the courtroom were that police driving near Con Road on March 6, 2009 spotted a pickup truck driving at 20 km/h. With the truck's licence plate covered in snow, the police attempted to pull the vehicle over.

The driver made a U-turn without signalling and came to a stop. An officer went to the driver's window, and the motorist rolled the window down four or five inches. The officer said the driver had bloodshot and watery eyes, spoke with a slur, and smelled of alcohol.

According to the officer, the first thing he said to the man was, "Sir, you are drunk. What are you doing driving?"

The officer then asked the man for his licence and registration, which the man fumbled. Then the officer asked the man to step outside his vehicle. The man responded by asking why. The officer, as well as another police officer, then opened the truck door and dragged the man out and held him face down on the ground and handcuffed him. The man defecated while police forced him to comply.

At the police station, the man was asked if he would provide a breath sample. He said, "No, thank you."

According to Gagnon, the violation of the man's rights came when the officer neglecting to tell him he was under arrest, what he was under arrest for, and informing him of his rights. As well, the police used unnecessary force on the man, and his dignity was diminished as a result, Gagnon said.

The judge also questioned the police officer's deduction that the man was drunk. No roadside sobriety tests were conducted, nor was the man asked if he had been drinking, nor had the officer gathered approved evidence.

"The accused's liberty and safety were affected by this process," said Gagnon.

Lastly, the man was kept imprisoned longer to sober up than other intoxicated inmates. An RCMP officer said he was afraid the man would go home and be abusive to his family. Gagnon decried that statement, pointing out there was no record of family violence and no indication the man would behave that way.

Hearings on the case will continue for the man's other two charges on March 30.