The appellant was charged with failing to comply with a roadside breath demand under s. 234.1 of the Criminal Code.
He argued the provision was inoperative because it had not been proclaimed in force in all provinces, allegedly violating equality before the law under the Canadian Bill of Rights and s. 7 of the Charter.
The Supreme Court of Canada held that the non-universal application was justified by a valid federal objective related to provincial law enforcement priorities and resources.
The Court also held that s. 7 of the Charter could not be used to bypass the delayed implementation of equality rights under s. 15.
