A. Thakore

The Crown appealed the accused's acquittal on a charge of refusing to provide a roadside breath sample.

The accused had feigned blowing six times, outright refused on the seventh, but then requested a chance to blow 21 minutes after the initial demand, immediately after speaking with counsel.

The trial judge found the request was genuine and sufficiently proximate to constitute one continuous transaction, negating the refusal.

The Superior Court dismissed the appeal, finding no error of law and confirming that the 'one continuous transaction' principle from Domik remains good law.

The appellant appealed his summary convictions for obstructing police and operating a motor vehicle with a blood alcohol concentration over 80 mg.

He argued that the trial judge erred by summarily dismissing his Charter application and providing insufficient reasons.

The Summary Conviction Appeal Court dismissed the appeal, finding that the trial judge's reasons were legally and factually sufficient given the uncontroversial evidence, the lack of submissions from defence counsel on the Charter issues, and the clear factual basis that the appellant was not detained prior to his arrest for obstruction.