The appellant challenged his conviction for operating a motor vehicle with an excessive blood alcohol level on the basis that police exceeded their authority under s. 48 of the Highway Traffic Act, resulting in arbitrary detention contrary to s. 9 of the Charter.
After a speeding and weaving stop, the officer directed the appellant from his vehicle to the police cruiser because of an overwhelming smell of cologne, uncertainty about the source of any alcohol odour, the presence of a passenger, and the officer's cold.
The Court of Appeal held that s. 48 authorized reasonable investigative steps at the roadside to determine whether grounds existed for a breath demand, and that the brief movement to the cruiser was minimally intrusive and reasonable in the circumstances.
The detention was lawful, the resulting evidence was properly admitted, and the appeal was dismissed.
