Impaired driving trial. Traffic stop. Officer testified that the stop was “just to make sure there’s no criminality in the vehicle, make sure all the documents are in order.” Odour of alcohol ultimately detected, and a screening demand made. Prior to the demand, the accused was never clearly told that the police were investigating a possible criminal offence.
Held: 10(a) breach. Certificate excluded.
As per Mann, 2004 SCC 52, police are required to advise a detainee of the true reason for the detention in “clear and simple language.” Test not met by police. “Surely clear and simple language means using words that aren’t complicated, that are not subject to interpretation or a different meaning, that state why the person is detained.” This was a random stop, and the accused was not advised of the reason for the ongoing detention until she was moved to the rear of her car to provide a breath sample.
T. Dahlem – Defence Counsel