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Reviews of Investigating Impaired Drivers
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Saturday
Mar242018

SUPREME COURT OF CANADA - OBSERVATION PERIOD CASES

The Supreme Court of Canada has granted leave to hear an appeal of an "observation period" case: R. v. Cyr-Langlois, 2018 CANLII 12961 (SCC).  At issue is "was the evidence adduced by the accused to the effect that he was not under observation for a minimum of 20 minutes preceding the administration of a breathalyzer test sufficient to deny the prosecution the benefit of the presumptions set out in the Criminal Code." The Court of Appeal decision, and an earlier "observation period" case in which the Supreme Court of Canada dismissed leave to appeal, are: Cyr-Langlois v. R., 2017 QCCA 1033 and R. v. So, 2014 ABCA  451.