The appellant appealed his conviction for refusing to provide a breath sample.
He argued the trial judge erred in finding the arresting officer had reasonable and probable grounds to arrest him for impaired driving, and that the refusal evidence should have been excluded under section 24(2) of the Charter due to a section 9 breach.
The Summary Conviction Appeal Court dismissed the appeal, finding the trial judge's acceptance of the officer's evidence was reasonable despite missing notes, and that the appellant's flight from police combined with other indicia of impairment provided objective reasonable grounds for the arrest.
