VIDEO EVIDENCE - CONVICTION UPHELD THOUGH BOOKING AREA VIDEO LOST

Ms. Chaly was acquitted of impaired driving but convicted of refusal at trial. Her appeal, with one ground based on the booking area video being lost, was dismissed: The trial judge found appropriately that the loss of the video was not caused by negligence but by reasonable policies relating to the retention of booking area videos. There was video tape evidence relating to Ms. Chaly’s refusal to provide a sample. The refusal charge turned on that video, not on issues relating to the officer’s credibility. The evidence that is disclosed in the breath room video provides ample support for the contention by the Crown that there was a deliberate refusal to provide breath samples. R. v. Chaly, 2020 ONCA 35