The accused faced summary conviction charges for drug-impaired operation, refusal to comply with a drug recognition evaluation demand, and breach of probation after police responded to his own 911 report of suspicious activity.
The court held that the arresting officer lacked reasonable and probable grounds to arrest or to issue a DRE demand, and found breaches of ss. 8 and 9 of the Charter.
The body-worn camera evidence did not support an inference of drug consumption or impairment beyond a reasonable doubt, particularly where no drugs or paraphernalia were found and the accused was alert, articulate, and physically steady.
Because the DRE demand was unlawful, refusal to comply with it was not an offence.
The accused was acquitted on all three counts.
