SECTION 8 - SUPREME COURT OF CANADA - PROCESS FOR CHALLENGING BREATH DEMANDS
Saturday, May 28, 2016 at 9:58AM The British Columbia Court of Appeal has confirmed that an accused who wishes to the challenge the legality of a breathalyzer (using the wording from the Supreme Court of Canada's R. v. Rilling decision from 1975) anaylsis certificate at trial must assert a challenge under section 8 of the Charter before or at the time the certificate is tendered into evidence by the Crown. This decision is similar to decisions from (some) other provinces. In upholding Mr. Alex's conviction for exceeding .08 the court stated that the process is governed by Rilling unless and until the Supreme Court of Canada sees fit to overrule it. R. v. Alex, 2015 BCCA 435
And the Supreme Court of Canada has taken up that challenge as they have recently granted Mr. Alex leave to appeal: Alex v. R., 2016 CanLII 13733 (SCC)