Court Information

Ontario Court of Justice

Date: February 25, 2020

Court File No.: Guelph # 4611 998 18 2162

Parties

Between:

Her Majesty the Queen

— and —

Pavel Antipov

Before the Court

Justice M.K. Wendl

Heard on: July 31 and October 11, 2019

Reasons for Judgment released on: February 25, 2020

Counsel

T. Nickorick — counsel for the Crown

C. Avery — counsel for the defendant Pavel Antipov

Reasons for Judgment

WENDL J.:

[1] Pavel Antipov is charged with "over 80". Mr. Antipov was charged after failing the approved screening device test. The only issue in this case is whether the arresting officer's belief that the screening device was accurate was objectively reasonable.

[2] Constable Couzens, the arresting officer, testified that he believed that the device was functioning properly because it would lock out if it had not been properly calibrated or the accuracy check was not done within the required dates. This is a sufficient basis for the subjective belief.

[3] Constable Couzens agreed that for the lock out feature to work properly, the correct calibration dates and data would have to be entered into the device. Constable Couzens had no knowledge of the accuracy date or calibration date. The defence argues that without knowledge of the calibration and accuracy dates, Constable Couzens' belief that the device was working properly cannot be reasonably held.

[4] I disagree. On the evidence in front of me, the ASD will not work if the calibration date or accuracy check are not within the required times. By implication, the fact that the ASD worked means that the accuracy check and the calibration date were within the requirements. Therefore, Constable Couzens' belief that the ASD was functioning properly was both objectively and subjectively reasonable.

[5] I find no breach. Mr. Antipov is convicted.

Released: February 25, 2020

Signed: Justice M.K. Wendl