Sentences with phrase «lawful demand»
"Lawful demand" refers to a request or order made in accordance with the law. It means that someone is asking for something in a way that is legal and within their rights to do so. Full definition
First, the evidence must establish that an officer made a lawful demand on you to provide a sample of your breath.
yourlegalbutler.com
258 (1)(c) and 258 (1)(g) of the [Criminal] Code does not support the requirement of a lawful demand for the evidentiary shortcuts to apply,» Justice Michael Moldaver wrote, with Justices Andromache Karakatsanis, Richard Wagner, Clément Gascon and Suzanne Côté concurring.
The trial judge in the case found that the grounds to make the breath demand were insufficient, but he applied Rilling, which held that it is unnecessary for the Crown to prove a lawful demand in order to rely on the evidentiary shortcuts.
«We argued that this negated the wording, the intent of Parliament,» which would assume a lawful demand had been made, he says.
(b) the person is charged under section 254 of the Criminal Code (Canada) with failing to comply with a lawful demand to provide a breath sample in connection with the accident,
Refusal or failure to blow or provide a blood sample: It is an offence to refuse to blow or give a blood sample without a reasonable excuse when there is a lawful demand for you to do so.
It is only an offence to refuse to comply with a valid and lawful demand.
Client caught driving while impaired, and then refused a lawful demand to provide a sample back at the detachment.
And for lawyers, these documents will tell you what you can expect to get in response to a lawful demand.
In those short moments the officer will either come to a belief that you have consumed alcohol and make a lawful demand for you to provide a breath sample, or send you happily on you way (often with a coupon book for 0 % alcohol beer tucked happily into your glove compartment).
The principal focus of this trial was the question of whether or not Constable Uppal made a lawful demand to Mr. John to provide a sample of his breath.
So if you want to see what Facebook, AOL, PayPal, MySpace, AOL and Skype will provide in response to a lawful demand, check out Cryptome.
If there was no lawful demand, refusal is not an offence.
Based on the evidence before me, I can not be satisfied that a lawful demand was made.