The so-called “forthwith window,” being the time within which the police officer must require a driver to provide a breath sample ... does not commence prior to the time when a police officer develops a reasonable suspicion that the accused had alcohol in his body, as the trial judge effectively held. Nor does it begin with the [approved screening device] demand, as the summary conviction appeal judge held. Rather, it begins when the police officer develops a reasonable suspicion that the accused has alcohol in their body. See: R. v. Quansah 286 C.C.C. (3d) 307 (Ont. C.A.).
R. v. Anderson |
2014 CarswellSask 167 (Sask. C.A.) at para. 31 |