The Appellant, Graham Blair, appealed his conviction for impaired driving.
The appeal raised five grounds, primarily challenging the trial judge's findings on reasonable and probable grounds for arrest and breath demand, the onus of proof for a Charter s. 9 breach, the consistency of factual findings regarding police officers, and the sufficiency of evidence for conviction beyond a reasonable doubt.
The court dismissed the appeal, affirming that the trial judge correctly applied the legal principles, including the onus on the accused to prove a Charter breach, the objective and subjective test for reasonable and probable grounds, and the standard of "slight impairment" for impaired driving convictions based on the totality of circumstantial evidence.
