The trial judge in the case found that the grounds to make the breath demand were insufficient, but he applied Rilling, which held that it is unnecessary for the Crown to prove a lawful demand in order to rely on
the evidentiary shortcuts.
258 (1)(c) and 258 (1)(g) of the [Criminal] Code does not support the requirement of a lawful demand for
the evidentiary shortcuts to apply,» Justice Michael Moldaver wrote, with Justices Andromache Karakatsanis, Richard Wagner, Clément Gascon and Suzanne Côté concurring.
Presumption provisions are
evidentiary shortcuts that allow for the Crown to prove what a person's blood - alcohol concentration was at the time they were driving, he says.
Not exact matches
Over the years, Parliament has attempted to simplify and streamline the trial process in impaired driving cases, and in 1969 it introduced
evidentiary «
shortcuts» into the Criminal Code, now found in ss.