This week, Kyla and Paul explore R. v. Klemp, where a breath-test certificate was ruled inadmissible because it was only shown, not given, to the accused, and what that means for due process. They also break down Ottawa’s new “tough on crime” agenda and end with a skeleton supervisor for Halloween.
In R. v. Klemp, an Ontario judge ruled that a breath-test certificate couldn’t be admitted because police only showed it to the accused instead of giving him a copy, as the Criminal Code explicitly requires. It’s a reminder that when prosecutors want the benefit of hearsay shortcuts, they must meet every procedural safeguard.
Kyla and Paul discuss the implications for disclosure, property rights over evidence, and how defence lawyers might challenge “temporary” disclosure under implied undertakings. Then, they shift to Ottawa’s latest “tough on crime” promises — expanded reverse-onus bail, consecutive sentences, and limits on conditional sentences — and why most of it is political posturing that risks clogging the courts without making the public safer.
To close, the Ridiculous Driver of the Week fits right in with spooky season: an Ontario learner caught driving with a skeleton in the passenger seat as his “supervising driver.” Creative? Sure. Legal? Not even close.
Stream Episode 424 for the full discussion.
