Impaired driving trial. Issue regarding alleged s 8 breach in the taking of an ASD sample. Accused was stopped at an Alberta Checkstop in Canmore. After formulating a suspicion, police instructed the accused to exit from his vehicle, walk across Railway Ave. to where the officer had parked his vehicle, and then provide a screening breath sample. Sample provided 4 minutes after accused was initially stopped.
Held: Section 8 breach. Certificate excluded.
“I do not find a Charter breach on the simple direction to exit the vehicle and accompany the officer, but on the basis that the officer provided no explanation or assessment why it was necessary to make those directions … The Approved Screening Device is small and portable”. It was not necessary to remove the accused from his vehicle, and to then move him to a different location to provide the sample.
E. Weisenburger – Defence Counsel