The appellant was randomly stopped by police as part of the R.I.D.E. program.
The officer smelled alcohol and demanded a breath sample, which the appellant failed to provide.
The appellant argued the random stop was unlawful, providing a reasonable excuse for his failure.
The Supreme Court of Canada held that while there was no statutory authority for the random stop, it was authorized at common law as a justifiable use of police powers associated with their general duties to prevent crime and protect life and property.
The appeal was dismissed.
