A. Zaitsev

The Crown appealed the respondent's acquittal on a charge of failing or refusing to comply with an approved screening device (ASD) demand.

The trial judge had dismissed the charge due to a reasonable doubt about whether the delay between the initial breath demand and the arrival of the ASD was reasonably necessary, rendering the demand unlawful.

On appeal, the Crown argued the trial judge erred by focusing on the initial demand rather than a second demand made when the ASD arrived, and by applying the immediacy requirement too rigidly.

The Superior Court of Justice dismissed the appeal, finding that the initial demand occasioned the detention and was the correct focus of the analysis, and that the trial judge made no error in concluding the Crown failed to prove the delay was reasonably necessary.

The appellant appealed her summary conviction for having care or control of a motor vehicle while impaired.

She was found intoxicated in the driver's seat of her running vehicle after an argument with her boyfriend.

The trial judge found she failed to rebut the presumption of operation and that there was a realistic risk she would set the vehicle in motion.

On appeal, the appellant argued the trial judge engaged in speculative reasoning and misapprehended the evidence.

The Superior Court of Justice dismissed the appeal, finding the trial judge's inferences were reasonable, grounded in the evidence, and that the reasons for judgment were adequate.