IMPAIRED – 8 – REASONABLE GROUNDS – FAILURE OF ASD

R. v. Buckley, 2014 ABCA 141 per Cote, JA:
Application for leave to appeal from impaired driving conviction. Issue as to whether blowing a fail on a screening test in and of itself constitutes reasonable grounds.

Held: Leave denied.

“Strictly speaking whether a fail on a roadside device is itself reasonable and probable grounds to go on and demand a breath sample from an approved machine at the police station, is not a question of law; it is a question of evidence, and evidence as to the state of mind of the constable who is making the demand.” The trial judge may have erred by relying upon Paradis (1998) 112 OAC 310 regarding the question of onus. Paradis is not the law in Alberta. In the present case, on the totality of the evidence, the finding that reasonable grounds existed was correct.