DATE: 20030411

DOCKET: C37104

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. AVNI ADEMAJ (Appellant)

BEFORE: DOHERTY, WEILER and LASKIN JJ.A.

COUNSEL: James Silver for the appellant Kim Crosbie for the respondent

HEARD: April 8, 2003

On appeal from the ruling of Justice Bruce Durno of the Superior Court of Ontario Summary Conviction Appeal Court dated September 17, 2001.

APPEAL BOOK E N D O R S E M E N T

[1] We have not been asked to reconsider our prior authorities on this question of law. Counsel has attempted to distinguish those authorities from this case.

[2] We agree with Durno J.’s analysis of those authorities. As we read those authorities, it is not necessary for the officer making the “alert” demand to know or believe the person to whom the demand is made was operating, or was in care and control of the vehicle: see R. v. MacPherson, 2000 17026 (ON CA), [2000] O.J. 4777, paras. 4-6.

[3] We would grant leave to appeal but would dismiss the appeal.