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

[38] The observations of Justice Wake in Regina v. Sirelpuu (2006), O.C.J. Brampton, unreported, are very much on point: As I indicated at the outset of these reasons, the threshold for making a demand under Section 254(2) is very low. When the minimal threshold is not attained, the evidence that is obtained as a result should not be admitted, otherwise the officer in this case would not be discouraged from demanding Approved Screening Device breath samples from any citizen, whether or not he had grounds to do so. In my view that would bring the administration of justice into disrepute. I am aware that as a consequence, the evidence that the applicant’s blood/alcohol reading exceeded the legal limit must be excluded and the charge dismissed. To some this may be seen as a decision that is contrary to the legitimate societal interest of combating drinking and driving. That battle must however, be circumscribed within the limits prescribed by The Criminal Code and The Charter, otherwise citizens would be subject to the intervention of the police in an arbitrary manner without any safeguards. It is more important that this general condition should not be allowed to occur than it is to register a conviction against this particular applicant.