R. v. Haas

[2004] O.J. No. 2041

Facts

ON SCJ

Charged with "over 80", prior to the trial commencing, cousel for the respondent had filed an application alleging breaches of the respondent's rights under sections 10(b) was not pursued. A voir dire was then held commencing on June 14 2002 which was principally directed towards the allged breath under section 7 and in particular the future of the Corwns to disclose the alcohol stand logbook. Appeal was allowed, the dismissal of the charge is set aside and a new trial is ordered.

Reasons

ON SCJ

Trial judge did not undertake any analysis under section 24(2) of the Charter as to whether, assuming a breach of section 8, the evidence could nonetheless be admitted.

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