Megan Stephens

The appellant appealed a decision dismissing his appeal from a conviction for an impaired driving offence.

He argued that the officer lacked reasonable and probable grounds to make a breath demand.

The Court of Appeal dismissed the appeal, finding that the officer articulated grounds that fully satisfied the requirement and that the trial judge reasonably found the officer took into account that the motor was running.

The appellant appealed the sentence imposed by the trial judge, specifically challenging an order made under s. 161 of the Criminal Code.

The Court of Appeal dismissed the appeal, finding that the trial judge exercised his discretion judicially and tailored the order to the offender's circumstances.

The Court also corrected administrative errors in the s. 161 and SOIRA orders to reflect the proper durations of ten and twenty years, respectively, as stated in the trial judge's reasons.