Impaired driving trial. Previous ruling found a s. 8 breach as the screening demand was made prior to the police forming a reasonable suspicion. However, the evidence to support the suspicion was gathered shortly after.
Held: Evidence not excluded.
Buchanan (2011), 8 MVR (6th) 73 (ABPC) followed. In general, the making of a screening demand in the absence of a reasonable suspicion is serious conduct that the Court must disassociate itself from. However, given that the appropriate grounds were gathered within moments of the making of the demand, the police conduct fell at the low end of the spectrum of seriousness. No real impact upon the Charter protected interests of the accused.
I. Savage, Defence Counsel