The Supreme Court of Canada is upholding procedures that permit shortcuts in allowing a motorist’s breathalyzer sample into evidence — even in cases where taking the sample may have been unlawful.
In a decision Thursday, the court is affirming the existing charter process for challenging police actions in obtaining a sample.
The high court’s 5-4 ruling comes in the case of Dion Henry Alex, who was stopped by police in Penticton, B.C., in April 2012.
Get daily National news
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.
- Calgary’s Nose Hill parking lot, pathway closed as search continues for Parker
- Canadian intern at NATO military HQ arrested in Belgium on spying charge
- More than 250,000 people flee their homes in France and Spain as wildfires burn
- Feds received more than 21,000 emails on proposed changes to major project reviews
Following introduction of the Charter of Rights and Freedoms in the 1980s, the courts said that an argument a breath sample was obtained unlawfully must come in the form of a charter challenge against unreasonable search and seizure.
Comments
Want to discuss? Please read our Commenting Policy first.