On a criminal appeal concerning refusal to provide a breath sample, the Court addressed the burden applicable to proving a reasonable excuse under s. 794(2) of the Criminal Code.
The Court confirmed that the provision imposes a persuasive burden on the accused to establish an exception, exemption, proviso, excuse, or qualification prescribed by law.
The Court declined to address new issues advanced by interveners.
The appeal was dismissed, leaving the conviction in place.
