The accused was charged with two offences: operating a motor vehicle with impaired ability due to alcohol contrary to s. 253(1)(a) of the Criminal Code, and failing or refusing to provide breath samples for analysis in an approved screening device contrary to s. 254(5) of the Criminal Code.
The accused brought a Charter application alleging violations of ss. 8, 9, and 10 of the Canadian Charter of Rights and Freedoms based on an alleged delay between the officer's formation of reasonable suspicion and the demand for a breath sample.
The court rejected the Charter application and found the accused guilty on both counts based on evidence of impairment and failure to comply with the breath demand.
