S. 253(1)(b) of the Criminal Code of Canada – Impaired driving Alberta

R.C.H. was charged with impaired driving and driving with a blood alcohol contact over .08. He was pulled over for a traffic violation because the police suspected that R.C.H. was impaired by alcohol. The police demanded that R.C.H. supply a sample of his breath into the roadside screening device, and R.C.H. complied. As a consequence of the cold weather, the roadside screening device was not working properly and repeatedly produced error messages. By the time the police had another roadside screening device delivered to the scene, it was too late: the delay at roadside resulted in a violation of R.C.H.’s constitutionally protected Charter rights. Sean Fagan filed an application alleging breaches of R.C.H.’s Charter right not to be arbitrarily detained and his right to be free from unreasonable search or seizure. The Crown conceded the strength of Sean Fagan’s position and stayed all charges against R.C.H. prior to trial.