The appellant appealed her summary conviction for refusing to provide a breath sample.
At the police station, after speaking with duty counsel, the appellant refused to leave her cell and began speaking only in French, despite having communicated in English previously.
The trial judge found she was 'playing games' and convicted her.
The Summary Conviction Appeal Court dismissed the appeal, holding that the trial judge's credibility findings and conclusion that the refusal was unequivocal were supported by the evidence.