The Supreme Court of Canada is upholding procedures that permit shortcuts for allowing a motorist香蕉视频直播檚 breathalyzer test results into evidence 香蕉视频直播� even in cases where demanding the breath sample may have been unlawful.
In a 5-4 ruling Thursday dismissing the appeal of a British Columbia driver, the court affirmed the existing charter process for challenging a police officer香蕉视频直播檚 decision to order a breath sample.
It means technicians and toxicologists can香蕉视频直播檛 be forced to testify in court about the accuracy and relevance of breath tests when the argument is really about whether police had reasonable grounds to demand testing in the first place.
Instead, the Crown can rely on a simple certificate recording the breath readings of the accused.
Ruling otherwise would require additional witnesses to attend court to give evidence on matters that have no connection to the lawfulness of the breath demand, and only add to the costs and delays in an already overburdened criminal justice system, Justice Michael Moldaver wrote on behalf of the majority.
香蕉视频直播淣o one gains under this approach, but society as a whole loses out as precious court time and resources are squandered,香蕉视频直播� he said in the court香蕉视频直播檚 reasons.
香蕉视频直播淭he evidentiary shortcuts were designed by Parliament to simplify and streamline drinking and driving proceedings.香蕉视频直播�
The Supreme Court upheld the impaired-driving conviction of Dion Henry Alex, who was stopped by police in Penticton, B.C., in April 2012.
An RCMP officer detected the scent of liquor and saw an open can of beer on the floor beside a passenger in Alex香蕉视频直播檚 van. Alex failed a roadside test and was taken to the police detachment, where he blew above the legal blood alcohol limit in two subsequent tests.
At issue was the continuing relevance of a 1976 Supreme Court decision that said the Crown did not need to prove the demand for a breath test was lawful in order to rely on evidentiary shortcuts about the accuracy of test readings.
The introduction of the Charter of Rights and Freedoms in the 1980s added a new wrinkle, meaning that an accused person who argues a breath sample was obtained unlawfully can now initiate a charter challenge alleging unreasonable search and seizure.
In the decision Thursday, Moldaver said the charter 香蕉视频直播減rovides an effective recourse for challenging the lawfulness of breath demands香蕉视频直播� as well as a meaningful remedy 香蕉视频直播� possible exclusion of the test results from evidence.
Rather than make a charter challenge, Alex argued during his trial that the absence of grounds for requiring a sample meant the Crown could not use the evidentiary shortcut of a certificate.
The trial judge agreed that police lacked reasonable grounds to demand a breath sample, but cited the 1976 decision in ruling the Crown could file a certificate as evidence of Alex香蕉视频直播檚 blood-alcohol concentration.
Alex unsuccessfully appealed in the British Columbia courts, then took his case to the Supreme Court.
Jim Bronskill, The Canadian Press
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