The accused was involved in a single-vehicle accident and taken to the hospital.
More than two hours after the accident, a police officer formed the belief that the accused was impaired and demanded a blood sample, which the accused refused.
The trial judge and the Court of Appeal acquitted the accused on the basis that the demand under section 254(3) of the Criminal Code must be made within two hours of the offence.
The Supreme Court of Canada allowed the Crown's appeal, holding that section 254(3) only requires the police officer to form the belief within two hours of the offence, and the demand itself must follow forthwith or as soon as practicable, even if outside the two-hour limit.
