Case # 35862
Grant Anthony Goleski v. Her Majesty the Queen (February 11, 2015)
At issue is the burden of proof and interpretation of section 794(2) of the criminal code. In 2006, the appellant was driving his vehicle when he was pulled over by police. The appellant was informed that he was being stopped
for failing to obey two stop signs. The police officer demanded that the appellant give a roadside breath sample after having detected alcohol on his breath. The police officer then demanded that the appellant accompany him to the local detachment to provide breath samples into an approved instrument. When the appellant was transported to the detachment and asked to provide samples, he stated that he would not comply. At trial, the appellant testified he believed the police officer was lying about him failing to obey the stop signs. The appellant felt he was being treated unfairly and suspected the police officer led him to refuse the breath test.