Sopinka J.
Sopinka J. ‑‑ We agree with Arbour J.A. ((1994), 19 O.R. (3d) 704) that the delay in demanding an ALERT test in this case was not in compliance with s. 254(2) of the Criminal Code , R.S.C., 1985, c. C‑46 , as interpreted in this Court's decision in R. v. Bernshaw, [1995] 1 S.C.R. 254. As a result, there occurred a breach of the appellant's rights under the Canadian Charter of Rights and Freedoms .
In the circumstances, the case of Rilling v. The Queen, [1976] 2 S.C.R. 183, has no application. With respect to s. 24(2), we are of the opinion that in all the circumstances, the admission of the evidence did not render the trial unfair. The breach of the Charter was technical and the police officer acted in good faith. The admission of the evidence would not bring the administration of justice into disrepute.
The appeal is dismissed.
Cases cited
- 19 O.R. (3d) 704 19 O.R. (3d) 704 ¶ 1
- R. v. Bernshaw 23748-1995-01-27 ¶ 1
- Rilling v. The Queen item-5959-1975-06-26 ¶ 2