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Updated: Unlawful breath demands do not nix Crown’s evidentiary shortcuts, SCC rules

Thursday, July 06, 2017 @ 11:41 AM | By Cristin Schmitz

The Supreme Court has ruled 5-4 that in prosecutions for driving over the legal limit the Crown can rely on the Criminal Code’s s. 258(1) evidentiary shortcuts to prove blood alcohol concentration (BAC), even when police did not have “reasonable grounds” to demand the breath sample as required by s. 254(3) of the code.

Justice Michael MoldaverJustice Michael Moldaver’s July 6 majority decision is likely to be controversial within the bar, but it supports the long-standing legal status quo in most provinces, including B.C. and Ontario...