He was in restricted control of a motor vehicle. If the restrictions says " qualified passenger must not be under the influence of alcohol or drugs" he knowingly blew that restriction as the person in control of the motor vehicle.
Excerpts from the article I pulled on the issue....
The B.C. superintendent of motor vehicles says he was unable to correct the
wrongful punishment...the superintendent admits that none of what has happened to 64-year-old Paul Norman of Salmon Arm was sanctioned by law......
Police can demand "a driver" provide a breath sample on an approved screening device under the federal Criminal Code - but that law does not allow them to make such a demand on a vehicle passenger
"There are no legislative requirements for the (graduated licence) supervisors to be sober," MacLeod confirmed. "However the responsibility of supervising a new driver is a serious one and one that government would strongly recommend should not be done while affected by alcohol or drugs."
A leading critic ...."For the (breath) demand to be made, you must be in care and control of the vehicle - seated in the driver seat, behind the wheel or driving the vehicle," he added.
"When they make the demand pursuant to the Criminal Code ... it must be made to someone who is a driver or who has care and control. He clearly was not the driver. And the Motor Vehicle Act only permits an immediate roadside prohibition to go to the driver."
The government said Friday that Norman could file an appeal under the exceptional circumstances provision of the law.
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A need for sober reflection