Michael A. MacDonald

The appellant was stopped at random by a police officer during a spot check.

The officer demanded a breath sample after detecting alcohol, which the appellant refused.

The appellant challenged the constitutionality of the random stop and the demand for his licence and insurance.

The Supreme Court of Canada held that while the random stop constituted arbitrary detention under section 9 of the Charter, it was a reasonable limit demonstrably justified under section 1 due to the pressing need to combat impaired driving.

The Court also found that the demand for documents did not violate section 8 as there is no reasonable expectation of privacy in such documents.

The appellant was charged with failing to comply with a roadside breath demand under s. 234.1 of the Criminal Code.

He argued the provision was inoperative because it had not been proclaimed in force in all provinces, allegedly violating equality before the law under the Canadian Bill of Rights and s. 7 of the Charter.

The Supreme Court of Canada held that the non-universal application was justified by a valid federal objective related to provincial law enforcement priorities and resources.

The Court also held that s. 7 of the Charter could not be used to bypass the delayed implementation of equality rights under s. 15.