Dr. Betty Kirshner

The defendant was charged with failing to comply with a breath demand contrary to section 254(5) of the Criminal Code.

The defendant refused to provide a breath sample into an approved screening device on his driveway after being investigated by police for a possible impaired driving offense.

The defendant claimed he had a reasonable excuse for his refusal based on pre-existing anxiety and fear of police officers.

The court found that the police officer had reasonable grounds to make the breath demand, that the defendant's refusal was clear and unequivocal, and that the defendant failed to meet his burden of establishing a reasonable excuse.

The court rejected the defendant's Charter arguments regarding unlawful search and seizure and the right to counsel.

The defendant was found guilty.

A child protection trial concerning an infant born to a mother whose three older children had recently been made crown wards.

The Children's Aid Society sought crown wardship without access for the infant.

The mother sought dismissal of the application or, alternatively, placement in her care with supervision.

The grandmother sought placement of the child in her care with supervision.

The court found the child was in need of protection based on the mother's history of poor judgment, inability to recognize safety hazards, dishonesty with the court and society, and failure to engage in necessary therapeutic interventions.

The court also found the grandmother posed unacceptable risks due to her own protection history, dishonesty, and breach of court orders.

The court made the child a crown ward without access, finding adoption was in the child's best interests.