The appellant appealed his conviction for refusing to provide a breath sample and the imposition of a victim fine surcharge.
He argued that the police lacked reasonable grounds for the breath demand and that a police officer's forcible attempt to remove his wedding ring constituted a Charter breach, rendered the demand unlawful, and provided a reasonable excuse for his refusal.
The Superior Court of Justice dismissed the conviction appeal, finding no error in the trial judge's conclusions that reasonable grounds existed, no section 7 Charter breach occurred, and the ring incident did not cause the refusal.
The sentence appeal was granted on consent, setting aside the victim fine surcharge.
