Case information

Charter of Rights — Search and seizure — Criminal law — Is a warrantless search still presumed to be unreasonable — If so, in the context of a Charter challenge, does the Crown still bear the burden of proving the reasonableness of the search by establishing that the search was authorized by law, that the law itself is reasonable, and that the manner in which the search was carried out was reasonable — Did the Court of Appeal err in unduly restricting the relevant factors to be considered in assessing whether a warrantless search of breath samples was conducted in a reasonable manner — Whether the Court of Appeal’s decision is at odds with R. v. Collins, [1987] 1 S.C.R. 265 — s. 8 of the Canadian Charter of Rights and Freedoms.

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After failing a roadside test in a targeted stop, the applicant was arrested. Two breath samples were obtained following breath demands. The applicant argued that the police failed to observe him for 15 minutes before the samples of his breath were provided into the approved instrument, as was required by their training. The applicant also argued that because of this failure, the manner of taking the samples was unreasonable, and gave rise to a breach of s. 8 of the Charter. The applicant was convicted of operating a motor vehicle with a blood alcohol concentration over the legal limit. The summary conviction appeal judge allowed the applicant’s appeal, and ordered a new trial. The Court of Appeal allowed the Crown’s appeal, and restored the conviction.