Impaired driving trial. Issue regarding reasonable grounds. Police noted: unsteadiness on his feet, odour of alcohol when the accused spoke, bloodshot eyes, and saliva at the side of the Accused’s mouth.

Held: Section 8 breach. Evidence of refusal excluded.

“The evidence which was available to Cst. Lockert … demonstrates that there was minimal evidence of alcohol consumption and minimal evidence from which it could be concluded that the Accused’s ability to operate a motor vehicle was impaired by alcohol … While the Supreme Court did set the bar ‘quite low’ in terms of the objective component, it did not permit a breath demand in circumstances where the bar has not been met. Authorities reviewed.

A. Corbett – Defence Counsel