The accused was tried on a single impaired-driving count after police found his passenger vehicle inside a construction zone at about 3:00 a.m.
He brought a Charter application alleging unconstitutional detention and roadside breath demands under ss. 8 and 9, and sought exclusion of the breath readings under s. 24(2).
The court held that the officer had an articulable, subjectively held, and objectively reasonable suspicion that alcohol was in the accused's body, based on the smell of alcohol, the unusual location of the vehicle, the late hour, and the accused's behaviour.
The application was dismissed and the breath testing results were admitted, which the parties agreed would lead to conviction.
