The accused was charged with operating a conveyance with a blood alcohol concentration over the legal limit.
At trial, the accused brought a Charter application alleging breaches of sections 8 and 9, arguing the police officer lacked reasonable suspicion to make an approved screening device (ASD) demand.
The court found that the officer's observations, including the smell of alcohol, a half-empty case of beer, and the passenger's admission of drinking, established reasonable suspicion.
The court also noted that even if a breach occurred, the evidence would not be excluded under the Grant framework.
The Charter application was dismissed, and the accused was found guilty.
