This week, we look at recent cases reinforcing that disclosure obligations and Charter rights remain critical in impaired driving prosecutions.
A Quebec decision confirms that despite recent Supreme Court rulings simplifying proof in breathalyzer cases, the Crown must still disclose foundational evidence such as a technician’s designation and training. Without it, the presumptions underlying breath test results may not apply.
The episode also examines an Ontario case where a driver’s limited English ability led to a complete exclusion of evidence after police failed to provide an interpreter. The court found this undermined the driver’s ability to understand and exercise her Charter rights.
Another decision reinforces that the right to counsel must be implemented without delay, even if privacy cannot be immediately guaranteed roadside—placing an ongoing obligation on police to facilitate access as soon as possible.
Stream Episode 447 for the full discussion.
