A young person was charged with driving while impaired by a drug contrary to section 253(1)(a) of the Criminal Code following a single-vehicle collision.
The defence raised two issues: whether the arresting officer had reasonable and probable grounds to arrest, and whether the Crown proved beyond a reasonable doubt that the defendant's ability to drive was impaired by a drug.
The court found that the officer had reasonable and probable grounds to arrest based on the totality of circumstances, including the accident, odour of marijuana, the defendant's admission of marijuana consumption, and observed signs of impairment.
However, the court found that the Crown failed to prove impairment beyond a reasonable doubt.
The Drug Recognition Expert's opinion was given limited weight due to concerns about the reliability of certain indicators relied upon and the significant time delay between the collision and the evaluation.
Both charges were dismissed.
