A man’s effort to beat a criminal charge of failing to provide a breath sample during a June 2024 RCMP traffic stop near Revelstoke came to an unsuccessful end at Salmon Arm Provincial Court.
In an Oct. 30, 2025, decision, Judge Jeremy Guild determined the Crown had proven beyond reasonable doubt that Christopher Robert Mowbray had intentionally failed to comply with “the proper demand” made by Const. Rachel Mandel, and convicted Mowbray of the offence charged.
The charge stemmed from two reports received by police on June 15, 2024, regarding a blue Toyota Tacoma with three bicycles in the back, driving eratically on the Trans-Canada Highway from Sicamous to Revelstoke.
Mandel located and pulled over the Tacoma about 10 kilometres west of Revelstoke.
In Guild’s written reasons for judgement, Mowbray is identified as the driver. Mandel also found two children in the vehicle.
Conducting an impaired driving investigation, Mandel used an approved screening device (ASD) to try and obtain a suitable breath sample from Mowbray. One was not provided, leading to the charge under Section 320.27(1) of the Canadian Criminal Code.
In court, Mowbray’s defence contested whether Mandel had grounds to make a demand for a breath sample; whether he knew a proper demand for a sample of his breath had been made; and whether his failure to provide a valid breath sample was intentional.
Mowbray argued Mandel did not have reasonable grounds to suspect he had alcohol in his body. Mandel said she relied on two factors in coming to her suspicion: “that when Mr. Mowbray was pulling his driver’s license from his wallet, he was clumsy and had slow, fine-motor-skills; and that she smelled a strong odour of liquor coming from him, although she could not say it came from his mouth.”
Also, before making the breath demand, Mandel asked Mowbray if he’d had anything to drink.
“Mr. Mowbray responded by saying ‘not that long ago’ and shortly after, ‘I don’t drink’,” said Guild, who determined there was “more than sufficient basis for concluding that a lawful demand was made.”
Regarding Mowbray’s understanding that a proper demand for a sample of his breath was made, Guild referred to evidence provided by Crown counsel, noting Mandel had read a proper demand from a card issued to her by the RCMP; that when asked if he understood it, Mowbray, according to Mandel’s notes and testimony, had replied “yes” and; when asked if he’d provided a breath sample before, Mowbray “answered that he had and did not need instructions on how to provide a sample.”
To the question of whether or not Mowbray intentionally failed to provide a suitable breath sample, Guild said Mowbray was given six opportunities over a nine-minute period to “provide a steady, five second blow.”
“He was given instruction on how to blow, and coached through each blow. After three attempts, where he provided unsteady breaths, the straw for the ASD was changed,” Guild said, adding Mowbray demonstrated, without the machine, that he could “blow in such a way as to provide a suitable sample.”
“When given the ASD to blow for the next three attempts, (Mowbray) again fluctuated his breath, leading to the same results: he did not provide an adequate sample of his breath.”
Between the first and second of three attempts, Mowbray “said words to the effect that this (apparently referring to the impaired investigation) would ruin him and his life.”
“Yet for the next three attempts, and while being coached, he did not blow in the same way as he did in practice…,” said Guild. “After those further three fails, he was arrested for his failure to comply with the demand.
“Mr. Mowbray then made a number of comments about how that would ruin his life, and gave some resistance to being arrested.”
Guild found Mowbray’s concern the impaired investigation would “ruin his life” to suggest Mowbray believed he would fail the ASD.
“He said he knew how to provide a suitable sample. He proved he could provide a suitable sample in practice breaths. He did not complain about any obstruction or other issue with the device or his breathing,” Guild said. “I can only conclude that he deliberately tried to not provide a suitable sample, hoping in some way he would not have to face what he expected would be the negative consequences of giving a suitable sample…”
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