The appellant appealed his conviction for operating a motor vehicle with a blood alcohol level exceeding the legal limit.
The appeal raised two grounds: the trial judge's assessment of evidence and the failure to find a violation of the appellant's s. 8 Charter right against unreasonable search or seizure.
The court dismissed the appeal, affirming the trial judge's factual findings regarding the officer's actions at a RIDE check-stop and concluding that a minor incursion into the vehicle by an officer to detect alcohol odour is a reasonable and lawful screening measure, not constituting an unreasonable search under s. 8 of the Charter.
