SUPREME COURT OF CANADA - APPROVED INSTRUMENT MAINTENANCE RECORDS DISCLOSURE
Sunday, May 7, 2017 at 6:28PM The Supreme Court of Canada has granted leave to hear the appeals of two cases where disclosure of approved instrument records was the issue: R. v. Vallentgoed and R. v. Gubbins, 2017 CanLII 25794 and 25782 (SCC). This comes at the same time that the Federal Government is proposing to amend the Criminal Code to specifically address what approved instrument records should be disclosed:
Crown disclosure - The proposed legislation would clarify what evidence the Crown must provide the defence in relation to breath testing on a breathalyzer at the police station. The Crown would only be required to disclose information that is scientifically relevant, such as the result of calibration checks and any messages produced by the breathalyzer. Defence could apply for further disclosure relating to breath testing and would obtain it if they satisfy the court that the material sought is relevant: Strengthening laws against alcohol-impaired driving.