The accused was stopped by police and refused a roadside demand for a breath sample.
He was arrested and taken to the police station, where over an hour later he provided a sample after speaking with counsel.
The Supreme Court of Canada held that the sample was not provided 'forthwith' as required by section 254(2) of the Criminal Code.
The delayed compliance could not be considered a response to the initial roadside demand, and the subsequent demand at the station was invalid.
The appeal by the Crown was dismissed.
