Summary

Keywords

Criminal law — Evidence — Expert evidence — Admissibility —Certified drug recognition expert determining accused driving while drug impaired and testifying — To what extent may a drug recognition expert officer testify to subjects not specifically enumerated in the Evaluation of Impaired Operation (Drug and Alcohol) Regulations, SOR/2008-196?

Summary

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Mr. Sidhu’s SUV crossed into oncoming traffic where it struck and killed Ms. Burk who was driving a scooter. The Crown’s case relied in part on the testimony of a police officer trained in conducting drug recognition evaluations who tested Mr. Sidhu after the collision and concluded he was impaired by marijuana. Mr. Sidhu was convicted of impaired driving causing death and dangerous driving causing death. His appeal from his convictions was dismissed.

Lower Court Rulings