Failure or Refusal to Comply
The Criminal Code makes it an offence, without reasonable excuse, to fail or refuse to comply with certain lawful demands. Cases may involve roadside screening, evidentiary breath testing, blood demands, drug evaluation, or bodily-substance samples.
Each Part of the Demand Matters
The Crown must prove the demand was authorized, communicated, and not complied with, together with the required mental element. The surrounding words and conduct are assessed in context, not by a label alone.
Evidence We Review
- The officer’s grounds and the precise wording and timing of the demand
- Video and audio showing instructions, warnings, questions, and responses
- Attempts, error messages, device handling, and whether a proper opportunity was given
- Language, hearing, panic, injury, breathing conditions, medication, and medical records
- Access to counsel and whether a claimed reasonable excuse is supported by evidence
Inability Is Not Always Refusal
A person may be unable to provide a sample for physical, medical, comprehension, or procedural reasons. The defence must distinguish inability, misunderstanding, unsuccessful attempts, and deliberate non-compliance from the complete evidence.
Consequences Can Be Significant
A refusal conviction can carry criminal and driving consequences comparable to other serious impaired-driving offences, along with provincial licence action and insurance effects.
How Broadway Law Prepares the Defence
We review the demand word for word, assess every attempt, preserve medical and video evidence, and determine whether the Crown can prove a deliberate failure without reasonable excuse.
This page provides general information, not legal advice. Every case depends on its facts and the law in force at the relevant time.