Refusal trial. Issue regarding proper test to be applied with respect to “intent”, where accused testified that she was trying to blow, but, for whatever reason was unable to provide a valid sample.
Plante, 2013 559 AR 345 (QB) is binding. “The accused must present or point to some evidence to bring the issue of reasonable excuse into play. That includes putting forward an excuse for refusing to blow which is capable of amounting to a reasonable excuse. Once it is in play, the Crown bears the usual criminal onus of proving beyond a reasonable doubt that the accused did not have a reasonable excuse.” The mens rea element is the intention to commit the act that resulted in non-compliance. The Crown does not need to prove that the accused intended the result of non-compliance.
M. Kostiuk, Defence Counsel