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 his sentence, arguing the trial judge erred in imposing certain probation terms and failing to give credit for pretrial house arrest.

The Court of Appeal dismissed the appeal, finding no reason to interfere with the probation terms and noting the trial judge was not satisfied the pretrial house arrest had any impact on the appellant.

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.