SECTION 8 - WEIGH SCALE LEADS TO ACQUITTAL
Saturday, March 25, 2017 at 9:26AM Ms. McLachlan failed an approved screening device test, was arrested and taken for breath samples. Upon arrival at the cell block, Ms. McLachlan was placed in the custody of a qualified breath technician who advised her that it was normal practice for her to stand on a scale and provide her weight. She asked: “Do I have to?” and the officer replied: “Yes, I need your weight”. The trial judge concluded that the officer requiring Ms. McLachlan to stand on a scale was an illegal search. The breath samples results were excluded and she was acquitted. The Crown appealled but the appeal was dismissed:
The process used in these circumstances causes further difficulty given that no specific caution was provided to the Respondent on the issue of standing on the scale and she was not able to obtain legal advice on this demand. R. v. McLachlan, 2017 ONSC 1471