The accused was found asleep in the driver's seat at a gas pump after an attendant reported that he had been drifting in and out of consciousness and spilling gas.
The court dismissed Charter claims challenging the arrest, medical-attendance circumstances, drug recognition demand, and evaluation, holding that the arresting officer had reasonable and probable grounds, no reasonable expectation of privacy arose during the in-custody medical assessment, and the evaluation was conducted reasonably.
On the trial proper, the court held that operation was established through the care or control presumption and that the accused's lethargy, slow movements, cannabis odour, DRE observations, and urine toxicology proved impairment by drug beyond a reasonable doubt.
A conviction was entered under s. 320.14(1)(a) of the Criminal Code.
