Joseph P. Fiorucci

The appellant, a standardbred licensee, was found in possession of prohibited substances, including Aranesp, intended for use on racehorses.

He appealed an Order of Immediate Suspension.

At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on penalty.

The Ontario Racing Commission accepted the joint submission, imposing a 10-year suspension and a $30,000 fine, noting the penalty was reasonable and served the public interest by deterring the use of performance-enhancing drugs in horse racing.

The accused was stopped for erratic driving and admitted to consuming alcohol.

The police officer demanded a breath sample for an approved screening device, which the accused unequivocally refused.

The summary conviction appeal judge acquitted the accused, holding that a valid demand under s. 254(2) of the Criminal Code requires the device to be immediately ready and the officer to explain the consequences of refusal.

The Court of Appeal allowed the Crown's appeal and restored the conviction, finding that s. 254(2) does not mandate these prerequisites, particularly when the accused outright refuses to provide a sample.