The accused was charged with operation while impaired by a drug contrary to section 320.14(1)(a) of the Criminal Code and failure or refusal to comply with a demand under section 320.15(1).
The Crown conceded the first count at trial.
On the second count, the court found that the Crown failed to prove a valid demand, which is an essential element of the failure to comply offence.
The evaluating officer required an affirmative statement from the accused that she would submit to the evaluation before proceeding, which constituted an additional unlawful demand not authorized by the Criminal Code.
Furthermore, the initial demand to "submit to an evaluation" was not unequivocal as it did not clearly communicate what the accused was compelled to do.
The accused was acquitted.
