SECTION 254(5) - REFUSAL - BODY CAMERA EVIDENCE USED

Ms. Rowe was charged with, and convicted at trial of, failing to provide a breath sample pursuant to s 254(5) of the Criminal Code. She attempted to blow into a roadside screening device six times. All attempts were unsuccessful. Her application for permission to appeal was dismissed by the Alberta Court of Appeal.  It is interesting to note that much of the interaction was recorded by the investigating officer’s body camera:

Between the third and fourth attempts, the officer tested the device: he turned it off, inserted a fresh straw, turned the device back on, provided a sample himself, then inserted a new straw for the applicant to use. The officer’s body camera recorded his test sample, as well as the applicant’s second through sixth attempts to blow into the device. During the recording, the applicant volunteered, “I do this with my blow tests for fire – fire team all the time”. The trial judge viewed the recording. R. v. Rowe, 2016 ABCA 206