The Supreme Court of Canada handed down decisions this week that mark a dark day for fair trial rights in Canada. In the Goldson line of cases, the Court ruled that prosecutors don’t have to file both the qualified technician’s and the analyst’s certificates for breath-test calibration — a shortcut that keeps key evidence out of reach for the defence.
The issue stems from how breath samples are tested and verified for accuracy. Defence lawyers have long argued that without seeing both documents, they can’t meaningfully challenge the reliability of breath-test results — yet the majority of the Court said “trust us,” siding with procedural efficiency over transparency. Justice Côté, in a lone dissent, warned that the majority’s approach risks unconstitutionality by denying accused persons the ability to make full answer and defence.
While it’s a blow for fairness, her dissent leaves a sliver of hope. Future Charter challenges may still target this system as violating due process and privacy rights.
And for the Ridiculous Driver of the Week? A man in Hamilton, Ontario, stole a city bus and drove it safely along its route — picking up passengers, checking passes, and dropping people off. Proof, perhaps, that “take the bus” is advice some Canadians take a little too literally.
Stream Episode 428 for the full discussion.
