Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights and Freedoms – Criminal law – Appeals – Interlocutory judgments – Jurisdiction of Court of Appeal – Impaired driving – Disclosure – Whether Court of Appeal erred in determining that interlocutory judgment rejecting or allowing request for disclosure evidence under Canadian Charter of Rights and Freedoms, s. 24(1), not appealable – Nature and scope of evidence to be disclosed to accused under Criminal Code, R.S.C. 1985, c. C-46, s. 258(1)(c), and proper procedure and applicable burden of proof.

The applicants were charged with operating a motor vehicle or of having the care or control of a motor vehicle after having consumed alcohol in such a quantity that the concentration in their blood exceeded 80 mg of alcohol in 100 ml of blood, contrary to s. 253(1)(b) of the Criminal Code. The applicants filed a motion for the disclosure of evidence or for a stay. The motion was for manufacturer user and maintenance manuals and any other technical manuals for the devices used to take breath samples under ss. 254(2) and (3) of the Criminal Code and to analyze these samples under s. 258. The Superior Court dismissed the motion. The Court of Appeal dismissed the motion for permission to appeal filed by the applicants on the basis that an interlocutory judgment rejecting or allowing a request for the disclosure of evidence under s. 24 (1) of the Charter is not appealable.