A. Avery

Summary conviction appeal from an impaired driving conviction under s. 253(1)(b) of the Criminal Code.

The appellant argued the investigating officer arbitrarily detained him and unlawfully searched him when the officer stopped his vehicle while looking for another individual suspected of trespass and driving under suspension.

The appeal court held the officer had articulable cause and reasonable grounds to detain and question the driver based on the specific location, vehicle description, and surrounding circumstances, and that the subsequent arrest for impaired driving was supported by reasonable and probable grounds.

No breach of ss. 8 or 9 of the Charter was established, and the evidence would not have been excluded under s. 24(2) in any event.

The accused was charged with care or control of a motor vehicle while impaired by alcohol and with having an excessive concentration of alcohol in her blood while in care or control of a motor vehicle.

The accused did not dispute that her ability to operate a motor vehicle was impaired and that her blood alcohol concentration exceeded the legal limit.

The defence argued that the Crown failed to prove the accused was in care or control of the vehicle at the time of observation.

The court applied the test from R. v. Boudreault and found that the Crown proved beyond a reasonable doubt that the accused created a realistic risk of danger and was therefore in care or control of the vehicle.

The court convicted on both charges.