AS SOON AS PRACTICABLE - REASONABLE EXPLANATIONS FOR DRIVING SUSPECT TO URBAN DETACHMENT AND HAVING TO CHANGE SOLUTION

Mr. Burwell was arrested for impaired driving at the town of Asquith.  The closest detachment was at the town of Delisle.  However they did not have any members working that night.  The investigating officer was also a qualified technician, but he did not have a key to the Delisle detachment so he drove further to Saskatoon.  Once he got to Saskatoon, the investigating officer had to change the solution prior obtaining Mr. Burwell's breath samples.  There was an acquittal at trial but the appeal was successful and the Court entered a conviction : The trial judge's reasoning on the facts did not apply the "as soon as practicable" standard, but rather a standard of "as soon as possible". R. v. Burwell, 2013 SKQB 20