R. v. Quansah (P.) 2012 ONCA 123
Criminal Law - Offences against person and reputation - Motor vehicles - Impaired driving - Roadside screening test - Demand
Quansah was convicted of driving a motor vehicle with excess alcohol in his blood. On summary conviction appeal, a new trial was ordered. The Crown sought leave to appeal and, if leave was granted, appealed the decision of the summary conviction appeal judge, asking that the conviction be restored. Quansah’s position was that the “forthwith” requirement in s. 254(2) of the Criminal Code did not mean “within a reasonable time” as held by the trial judge and that the summary conviction appeal judge’s decision to order a new trial was correct.
The Ontario Court of Appeal granted leave, allowed the appeal, and restored the conviction. “On the facts as found by the trial judge, there can be little doubt that no more than the time reasonably necessary to enable the officer to do his duty elapsed between the stop and the providing of the sample. … In these circumstances, the 17 minute delay was reasonably necessary for the officer to properly perform his task.”