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Jul 7, 2017

Supreme Court of Canada decision: Admissibility and Breath Tests

The Supreme Court of Canada released the following decision:

R. v. Alex, 2017 SCC 37, File no. 36771

(Criminal law — Evidence — Admissibility — Certificate of analysis for breath test results — Accused charged with driving with blood‑alcohol level over legal limit — Statutory scheme providing for evidentiary shortcuts which permit Crown to establish, at trial, accused’s blood‑alcohol concentration at time of offence by filing certificate recording accused’s breath readings, subject to certain preconditions — Whether phrase “pursuant to a demand made under subsection 254(3)” of Criminal Code  means demand for breath sample made by police must be lawful for evidentiary shortcuts to apply Whether previous Court ruling which found that requirement of reasonable grounds to demand breath sample was not precondition to operation of shortcuts remains good law Criminal Code, R.S.C. 1985, c. C‑46, s. 258(1) (c), (g).)


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