Arguments to determine whether legislated minimum sentences can be ignored when charter rights have been violated will be heard in the Supreme Court of Canada beginning Wednesday.

Five years ago, Lyle Nasogaluak, a 24-year-old oil patch worker, was arrested for drunk driving near Leduc, Alta., after leading police on a high-speed chase.

According to court documents, after Nasogaluak stopped, he was struck by an RCMP officer three times in the head.

As he was on the ground, Nasogaluak was twice more struck in the ribs before he was handcuffed and arrested, according to documents filed in Canada's top court.

While being held overnight in jail, Nasogaluak says he complained of pain and told officials he was having difficulty breathing but was not offered medical care, according to the documents.

Nasogaluak says he went to the hospital the following day and was found to have broken ribs and a punctured lung.

Nasogaluak pleaded guilty to impaired driving and fleeing police in 2005. But in handing down a sentence, an Alberta Court of Queen's Bench trial judge found Nasogaluak's rights under the Canadian Charter of Rights and Freedoms had been breached.

The charter provides right to life, liberty and security of person, which includes protection from police abuse during arrest and detention.

Alberta Justice D.A. Sirrs said Nasogaluak's arrest included excessive force and that officers involved in the incident had failed to disclose the amount of force used in the arrest or provide the suspect with medical treatment, which exacerbated his injuries.

Nasogaluak was released on a 12-month conditional discharge.

But in 2007, the Alberta Court of Appeal found that a minimum sentence of a $600 fine for drinking and driving must be imposed. The conviction against Nasogaluak was reinstated and the fine imposed.

The Supreme Court will rule on whether the Court of Appeal erred in its decision.