What is the test for reasonable suspicion of impairment under section 254(2) of the Criminal Code?

Ontario, Canada


The following excerpt is from R. v. Keats, 2013 ONCJ 277 (CanLII):

[60] Section 254(2) requires that the officer have “reasonable grounds to suspect” the presence of alcohol in the body. The officer’s reasonable suspicion is in relation only to alcohol in the body. The officer need not suspect impairment, nor indeed an illegal blood alcohol level. Observations of overt indicia of impairment or consumption are not required and the reasonable suspicion must be objectively reasonable. Each case is fact specific and previously decided cases, although they can be informative, it is an incorrect approach to look at other cases and pigeonhole into those fact situations. See Regina v. Singh [2006] O.J. No. 5133 paras. 8 and 14.

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