The accused was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood contrary to section 253(1)(b) of the Criminal Code.
The defence brought Charter applications alleging breaches of sections 8, 9, and 10(b).
The court found that the investigating officer had reasonable suspicion to demand an approved screening device test based on the totality of circumstances: the vehicle's position facing the wrong direction in live traffic lanes, the driver sleeping at the wheel with the engine running on New Year's Day morning, and contextual information about the driver's activities the previous evening.
The court rejected arguments that specific indicators such as odour of alcohol or admission of consumption were prerequisites to reasonable suspicion.
All Charter applications were dismissed, the breath samples were admitted, and a conviction was registered.
