Appeal from conviction on over .08 charge. Crown refused to provide breathalyzer maintenance logs, arguing that the law in Alberta was not settled, and that Kilpatrick, 2013 ABQB 5 was not binding.
Held: Appeal allowed, stay entered.
Kilpatrick is binding in Provincial Court. “At some stage, Kilpatrick may be determined to be wrongly decided. Or legislated changes may overtake it … but until then, Kilpatrick needs to be followed. Like it or not, the Crown and the RCMP are stuck with it. Sutton, 2013 ABPC 308 demonstrates the correct approach to take; lead expert evidence, not flout the rule of law.”
T. Foster, Defence Counsel