What is the test for making a breath demand under section 254(2) of the Criminal Code?

Alberta, Canada


The following excerpt is from KRB (Re), 2013 ABTSB 175 (CanLII):

17. Counsel for the Registrar submitted that section 254(2) of the Criminal Code (Canada) allows an officer to make a roadside breath demand. A lawful breath demand under section 254(2) must be based on an officer’s reasonable suspicion that the person in question had alcohol in their body and had operated a motor vehicle in the three proceeding hours. Reasonable suspicion “means something more than a mere suspicion and something less then belief based upon reasonable probable grounds” (R v Kang-Brown). The belief must be both subjectively held and objectionably reasonable as discussed by the Ontario Court of Justice in R v. Haydl.

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