The appellant appealed a summary conviction for refusing to provide a breath sample into an approved roadside screening device during a Ride Program stop.
The appeal alleged that the trial judge misapprehended evidence concerning the appellant’s attempts to provide a breath sample and improperly rejected the appellant’s explanation for failing to provide a sufficient sample.
The appellant also alleged breaches of ss. 8 and 9 of the Canadian Charter of Rights and Freedoms relating to his detention and a strip search conducted prior to being lodged in cells overnight.
The court held that the trial judge did not misapprehend the evidence and was entitled to draw reasonable inferences regarding the appellant’s conduct.
The court further found that the detention was not arbitrary and that the strip search was justified on the individualized circumstances.
The appeal was dismissed.
