Impaired driving trial. Issue as to whether breath samples taken as soon as practicable. 24 minute unexplained delay at the police station prior to the taking of breath.

Held: Section 8 breach, certificate not excluded.

The issue as to whether or not breath samples are taken as soon as practicable is a s. 8 Charter issue: Mizera, 2015 ABPC 49. A 24 minute unexplained delay is unreasonable, and therefore violates s. 8. Regarding 24(2), not a serious breach. “I have found in many other cases, including Mizera, that the prevalence of drinking/driving offences in the community, and the public interest in the prosecution of these offences to denounce and deter drinking drivers, weighs in favour of a trial on the merits.”

G. Dunn – Defence Counsel