Impaired driving appeal. At trial, Crown refused to disclose maintenance logs of approved breath instruments.

Held: Appeal allowed, disclosure ordered.

Kilpatrick 2013 ABQB 5, Proctor 2015 ABQB 97 et. al. followed. The maintenance logs are first party records, and the Crown’s failure to disclose impairs the accused’s right to make full answer and defence. “There has been a wave of litigation in this area. The matter needs to move on to the Court of Appeal.”

T. Foster, S. Prithipaul –

Defence Counsel