Xiaozhou Ruan

This decision addresses the issue of reasonable and probable grounds (RPG) for arrest and demand in a drug-impaired driving case.

The court found that Officer Accursi had both subjective and objectively reasonable grounds to arrest Dalton Powell based on observations corroborated by a civilian witness and body camera footage.

The accused's Charter s. 8 and s. 9 rights were found not to be violated, including an overholding claim where the accused was detained for approximately six hours after the initial arrest.

The court also found the Crown proved impairment beyond a reasonable doubt based on officer observations, Drug Recognition Expert (DRE) testing, and urinalysis results.

The accused was charged with sexual assault and touching a person under sixteen for a sexual purpose.

The Crown presented evidence from the complainant, her sister, and their father.

The court found beyond a reasonable doubt that the accused was the only adult who went upstairs and entered the complainant's bedroom.

However, due to significant inconsistencies in the child witnesses' testimony, particularly the complainant's cross-examination where she stated she did not feel a touch and only believed she was touched because others said so, the court found a reasonable doubt regarding whether the accused intentionally touched the complainant.

Consequently, the accused was acquitted on both counts.