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Feb 24, 2017

Supreme Court of Canada decision: Drug Recognition Expert

The Supreme Court of Canada released the following decision:

R. v. Bingley, 2017 SCC 12, File no. 36610

(Criminal law — Evidence — Expert evidence — Admissibility — Drug recognition evaluation — Drug recognition expert (“DRE”) certified under statutory scheme determining accused driving while drug impaired — Whether s. 254(3.1) of Criminal Code  provides for automatic admissibility at trial of DRE opinion evidence — If not, whether DRE’s testimony admissible as expert opinion pursuant to common law rules of evidence — Criminal Code, R.S.C. 1985, c. Cā€‘46, s. 254(3.1) Evaluation of Impaired Operation (Drugs and Alcohol) Regulations, SOR/2008ā€‘196.)


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