What is the test for refusing to provide breath samples for analysis under s. 236(1) of the Criminal Code?
Saskatchewan, Canada
The following excerpt is from R. v. Geary, 1980 CanLII 2353 (SKDC):
In dismissing the information the trial judge also expressed some doubt as to whether it had been proved that the police officer who demanded samples of breath for analysis had reasonable grounds for so doing. Such proof is not required in respect of a charge under s. 236(1) and is only necessary where an accused is charged with refusing to provide such samples following a demand. Rilling v. The Queen (1976), 1975 CanLII 159 (SCC), 24 C.C.C.(2d) 81.
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