IMPAIRED – 8 – 254(2) – “FORTHWITH”

R. v. Thompson, 2014 ABPC 83 per Fradsham, PCJ:

Impaired driving trial. Issue regarding whether screening demand was made forthwith. Vehicle stop shortly after 2141 hours. Screening demand made at 2204 (after the ASD was delivered to the scene).

Held: s. 8 breach.

“Section 254(2) (while it does not explicitly so state) implicitly requires that the screening device demand be made by a peace officer forthwith after the requisite suspicion arises, if the detention is to remain within constitutionally permissible limits, and it explicitly thereafter requires that the motorist forthwith comply. “Forthwith” has been interpreted to mean “immediately” or “without delay”, subject to exigencies associated with the use of an approved screening demand.”