SECTIONS 8 AND 9 - ASD TESTS IN POLICE CAR AND RELATED PAT-DOWN SEARCHES REVIEWED

Mr. Fournier was convicted of exceed .08 at trial. He was stopped by a Grand Prairie RCMP officer, who had him perform the ASD test in a police car.  Mr. Fournier's appeal focused on whether conducting a pat-down search and placing him in the back of a police car to provide an ASD sample breached sections 8 and 9 of the Charter. His appeal was dismissed and in doing so the Court reviewed a number of Alberta lower court decisions that had diverged on the issue.  R. v. Fournier, 2017 ABQB 533