In a unanimous ruling on Thursday, the court found that language in the Criminal Code required drivers to ‘immediately or without delay’ provide a breath sample when requested by police, meaning officers had to be in a position to promptly test the sample.The front lawn of the Supreme Court of Canada building pictured on May 12, 2021
Police officers can only demand a breath sample from potentially intoxicated drivers if they have immediate access to a screening device, the Supreme Court has found. In a unanimous ruling released Thursday, the court found language in the Criminal Code requires drivers to provide a breath sample “immediately or without delay,” when requested by police. This means officers have to be in a position to promptly test the sample.
In the case, known as Breault, a Quebec man was detained on suspicion of driving an ATV while intoxicated in 2017. The two responding officers noticed the man had bloodshot eyes and radioed for an “approved screening device” to be brought to them.
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