Client stopped at check stop. Failed the Roadside screening breath test. Arrested and provided two breath samples at the police station. Lowest reading was 100 mg/%. Charged with impaired driving and driving while over the legal limit. Charter notice filed alleging a violation of the right to full disclosure as the full maintenance records in respect of the breathalyzer machine was not provided by the Crown. Notice indicated that a stay of proceedings would be sought as a remedy.
Held: Crown entered a stay of proceedings on the May 26th trial date, rather than seek a new trial date due to the evacuation.