Andrew David Lawson

Ms. Smith appealed her conviction for operating a motor vehicle with a blood alcohol content exceeding the legal limit, alleging breaches of her Charter rights under ss. 8, 9, 10(a), and 10(b).

The trial judge had rejected her evidence regarding these breaches and found no Charter violations.

On appeal, the court upheld the trial judge's findings, concluding that the trial judge properly evaluated the conflicting evidence and that the officer had reasonable grounds for the stop and ASD demand.

The court also affirmed that the right to counsel is suspended during a valid highway traffic stop and that Ms. Smith did not request specific counsel at the police station.

Consequently, the appeal was dismissed.

The appellant appealed his convictions for assault and assault causing bodily harm, and the imposed sentence of 18 months incarceration.

The appellant argued that the trial judge's reasons for conviction were inadequate or unreasonable, and that the sentence was excessive.

The court dismissed the appeal, finding the trial judge's reasons adequate for appellate review and reasonable based on the evidence.

The court also found the sentence was not demonstrably unfit given the appellant's criminal record and the aggravating circumstances of the offences.