We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Apply 'common sense' to breath tests, court says

Thursday, October 20, 2016 @ 8:00 PM | By Ann Macaulay

A unanimous Saskatchewan Court of Appeal decision confirms the Crown does not need to prove that breath samples must be taken as soon as possible in an impaired driving case in order to satisfy the Criminal Code’s “as soon as practicable” requirement.

Justice Ralph Ottenbreit wrote on behalf of Justices Neal Caldwell and Jacelyn Ryan-Froslie in R. v. Prestupa 2016 SKCA 118 that a trial judge wrongly applied an “as soon as possible” test instead. “The legal meaning of the phrase ‘as soon as practicable’ is...