IMPAIRED – 254(2) CC – “FORTHWITH”

R. v. Eleason, 2014 ABPC 15 per Allen, PCJ:

Trial on a charge of refusal to provide a screening test sample. Issue regarding police compliance with the “forthwith” requirement. Screening demand made 15 minutes after vehicle stop. In the interim, the accused had been arrested on an unrelated warrant.

Accused denied consuming alcohol, although police noted an odour of alcohol.

Held: Conviction entered.

The initial detention of the accused was not for the purpose of an ASD, rather it was in relation to a traffic offence and then the processing of an outstanding warrant. “The ‘forthwith’ requirement for the demand does not mean that the officer must immediately make a demand upon first seeing the suspect. It is implicit from the Supreme Court analysis in Orbanski that the police are entitled to investigate in order to acquire the necessary reasonable suspicion to make a proper demand.”

S. Kurie – Defence Counsel