The defendant, Rijah Martin, was charged with failing to comply with a roadside breath demand under s. 320.15 of the Criminal Code and a Highway Traffic Act offence.
She pleaded guilty to the HTA charge and not guilty to the Criminal Code charge, asserting a reasonable excuse due to an anxiety attack.
The court rejected her defence, finding her testimony untruthful and her failure to provide a breath sample deliberate.
The court also clarified the burden of proof for a reasonable excuse defence, holding that following the repeal of s. 794(2) of the Criminal Code, the accused only bears an evidentiary burden to establish an 'air of reality,' after which the Crown must disprove it beyond a reasonable doubt, consistent with Charter values.
