What proper grounds exist for a breath sample to be taken?
Alberta, Canada
The following excerpt is from R. v. Capel, 2012 ABPC 144 (CanLII):
Furthermore, the existence of proper grounds is directly related to the accused’s Section 8 Charter right to be free from unreasonable search and seizure. Taking a breath sample has long been recognized as a search and seizure within the meaning of Section 8. Since the decision in Hunter v. Southam, 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, Canadian courts have acknowledged that there is a presumption of unreasonableness when search and seizure occurs without a warrant. In the drinking and driving context of course the taking of breath samples almost always occurs without a arrant.
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