APPROVED SCREENING DEVICE - ASD TEST AT DETACHMENT ALLOWED
Saturday, September 16, 2017 at 9:15AM In this unique case the RCMP officer did not have an ASD at the roadside, so Mr. Schnurr was transported to the local RCMP detachment. The ASD test was conducted there, Mr. Schnurr failed and he was eventually convicted of exceed .08 at trial. That conviction was upheld on appeal and the Saskatchewan Court of Appeal denied leave to appeal that decision:
The case law that has developed with respect to ASD demands indicates that the availability of a telephone and privacy in the same building in which an ASD test is administered does not itself re-engage the state’s s. 10(b) Charter obligations. Similarly, the availability of a cell phone or nearby telephone does not in and of itself undermine the validity of s. 254(2) demand if the demand is made and complied with without unreasonable or unjustified delay and there is no reasonable opportunity to exercise the s. 10(b) right. R. v. Schnurr, 2017 SKCA 61