This paper discusses the implications of the change in wording of a refusal charge under section 320.15 of the Criminal Code. The paper examines the elements of a refusal charge and what the Crown needs to prove. It identifies the conflicting lines of jurisprudence related to proof of mens rea, and it explores what may be constituted as a reasonable excuse for non-compliance.

This paper is part of a collection presented at LESA’s Impaired Driving program in Calgary on October 25, 2019 and in Edmonton on November 1, 2019.