The defendant was charged with refusing to provide an approved screening device (ASD) sample during a RIDE program stop.
The Crown was required to prove a valid demand, failure to comply, and an intention to refuse.
The court found that while the defendant failed to provide a proper breath sample after numerous attempts, he had not formed the requisite intention to refuse.
The defendant's mental health condition, including anxiety, nervousness, and paranoia stemming from a traumatic experience in 2010, rendered his nervousness almost disabling.
The court acquitted the defendant, finding he had raised a reasonable doubt as to his intention to evade providing a proper sample.
The judgment also addresses systemic concerns regarding defence counsel competence and the integrity of the adversarial system.
