If a driver refuses to comply with police demands for testing, which law applies?

The situation where a driver refuses to comply with police demands for testing falls under the Criminal Code of Canada. Specifically, the Criminal Code includes provisions related to impaired driving and provides law enforcement with the authority to demand a breath or blood test when there are reasonable grounds to believe that a driver is operating a vehicle while impaired.

Refusing to comply with these demands can lead to serious legal consequences, including criminal charges, as it is viewed as obstruction of justice and an offense in itself. The Criminal Code outlines the rights of police officers and the obligations of drivers, emphasizing the importance of public safety and the enforcement of laws aimed at reducing impaired driving incidents.

In contrast, while the Highway Traffic Act governs many aspects of vehicle operation and traffic safety, it does not specifically address the refusal of testing in the same legal context as the Criminal Code. The Provincial Offences Act deals with minor offenses and penalties but is not relevant to the scenario of refusing a police order related to impaired driving. The Traffic Violation Code does not exist in a formal manner; traffic violations are typically addressed through the relevant provincial traffic acts or municipal bylaws.