Three appeals were heard this week at the Supreme Court of Canada, all dealing with the issue of disclosure in exceed .08 cases. It has been ten years since amendments to the Criminal Code about “whether the approved instrument was malfunctioning or was operated improperly” were made, so guidance from the Supreme Court will be of assistance.  The Court of Appeal decisions are R. v. Vallentgoed & Gubbins,  2016 ABCA 358 and R. v. Awashish, 2016 QCCA 1164.