What is a reasonable suspicion for a breath demand?

Alberta, Canada


The following excerpt is from Appellant (Re), 2013 ABTSB 137 (CanLII):

59. Counsel for the Registrar argued that reasonable suspicion, for a lawful breath demand, is more than a mere suspicion and less than belief based on reasonable and probable grounds (R v. Kang-Brown, 2008 SCC). As the Ontario Court of Justice said in R v. Haydl, 2003 (at para 13): … while there may be numerous explanations for the cause of fact ‘A’ [observation], if it can be concluded that conclusion ‘B’ [that person has alcohol in body] is one of the, perhaps, several reasonable conclusions that may flow from the finding of fact ‘A’, then a reasonable suspicion has been formed.

Other Questions


What is the test for making a breath demand on a driver under the influence of alcohol? (Alberta, Canada)
What are the grounds to support an arrest for impaired operation (Section 495(a) and a demand under Section 254(3) for a breath sample? (Alberta, Canada)
What is the test for reasonable use of the word “reasonable person” in a civil matter? (Alberta, Canada)
What is a reasonable excuse for failing a breath test? (Alberta, Canada)
What is the test for making a breath demand under section 254(2) of the Criminal Code? (Alberta, Canada)
What is the reasonable suspicion standard and the use of sniffer dogs in traffic stops? (Alberta, Canada)
What is the legal test for reasonable suspicion of impaired driving? (Alberta, Canada)
Can a police officer make a roadside breath demand under section 254(2) of the Criminal Code? (Alberta, Canada)
What is the standard of care of a reasonably competent surgeon? (Alberta, Canada)
What is the limitation period for making a demand promissory note? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.