Brian E. Starkman

The accused was charged with having care or control of a motor vehicle while impaired by a drug contrary to section 253(1)(a) of the Criminal Code.

The accused was found asleep in the driver's seat of his running vehicle during rush hour traffic.

He admitted to smoking a substance he believed to be marijuana approximately 30 minutes before being found.

The Crown could not prove beyond a reasonable doubt that the substance was marijuana, but argued the charge was proven as the accused consumed an unidentified drug.

The court found the accused guilty, holding that the accused voluntarily consumed a substance he knew to be a drug with intoxicating effects, and his subsequent decision to drive constituted recklessness sufficient to establish the requisite mens rea, regardless of whether the substance was the specific drug he believed he was consuming.

The accused challenged the admissibility of breathalyzer results, arguing that the police officer lacked the requisite reasonable suspicion to make an approved screening device demand.

The officer had stopped the accused after observing him drive away from a strip club notorious for drunk driving, noting bloodshot eyes and an admission of consuming one beer.

The court held that the officer's suspicion was objectively reasonable and the demand was lawful.

Consequently, the Charter application was dismissed, and the breath test results were ruled admissible.