The accused was charged with refusing to comply with an approved screening device (ASD) demand contrary to s. 254(5) of the Criminal Code and obstructing a peace officer contrary to s. 129(a).
A police officer observed the accused exit the driver's seat of a van upon noticing a police car behind him and move to the rear of the vehicle.
The officer conducted an investigative detention, pat-down search, and made an ASD demand.
The accused refused.
The accused challenged the validity of the detention, search, and ASD demand, and alleged breaches of his Charter rights.
The court found the ASD demand was valid based on the odour of alcohol.
While Charter breaches were found regarding the search and right to counsel, the evidence was not excluded under s. 24(2).
The accused was convicted.