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Reviews of Investigating Impaired Drivers
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Sunday
Aug142016

SUPREME COURT OF CANADA - DISCLOSURE; SENSING DIAGNOSTIC MODULE SEARCHES

The Supreme Court of Canada has dismissed leave to appeal applications for two cases mentioned in earlier blog postings.  They are not hearing an appeal of the case of R. v. Fedan, 2016 BCCA 26 (see April 24, 2016 blog entry) where the British Columbia Court of Appeal held that an accused had no subjective expectation of privacy in his truck’s sensing diagnostic module (SDM) -  Fedan v. R., 2016 CanLII 44776. They are also not hearing an appeal of the case of R. v. Jackson, 2015 ONCA 832 (see March 13, 2016 blog entry) where the Ontario Court of Appeal quashed a disclosure order that was made regarding breathalyzer service records, usage and calibration records – Jackson v. R., 2016 CanLII 41073.