The appellant was stopped by a police officer who detected an odour of alcohol and demanded a breath sample for a roadside screening device.
The appellant refused and was charged with failing to comply with a roadside demand.
He argued his right to counsel under s. 10(b) of the Charter was infringed.
The Supreme Court of Canada held that a roadside breath demand constitutes a detention under s. 10 of the Charter, triggering the right to counsel.
However, the Court concluded that the limitation on the right to counsel implied by the requirement to provide a sample 'forthwith' is a reasonable limit prescribed by law and demonstrably justified under s. 1 of the Charter, given the importance of deterring impaired driving.
