legal

Did the SCC Eliminate Impaired Driving Defence Technicalities?

Close-up of a police officer conducting a breathalyzer test on a driver to check for blood alcohol levels.

On November 14, 2025, the Supreme Court of Canada (SCC) settled a nationwide debate regarding breath alcohol testing evidence. In its decision, R. v. Rousselle, 2025 SCC 35, a companion case to R. v. Larocque, 2025 SCC 36, the Court confirmed that the Crown is not required to call an analyst to testify or file documents from the analyst in every impaired driving case to prove the reliability of the alcohol standard used in breath testing.

The central question was one of evidence: could the Crown rely solely on the certificate of the qualified technician, a police officer operating the approved instrument, to prove a precondition that the alcohol standard used was certified by an analyst?. The SCC answered a resounding yes.

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Weird and Wacky Wednesdays: Volume 372

This week on Weird and Wacky Wednesdays: Playoff Loopholes and the Law of the Game

This week the World Series is reminding everyone how creative competitive minds can be. When the pressure is on, players and coaches look not just for skill advantages but for rule advantages. Baseball, like law, evolves by closing loopholes that someone clever exploited first.

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Energy Drinks can Cause False Readings on Breath Tests 

Tired woman yawning while driving a car in daylight

Most people think nothing of driving down the road while consuming a Monster Energy Drink or a Red Bull. They think that because there is no alcohol in these drinks, it could have no ability to impact their breath tests. Unfortunately, the scary reality is that many energy drinks do contain trace concentrations of alcohol that can produce false positive readings on breath tests. 

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