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A recent Ontario Superior Court appeal decision re-affirms that police have a “positive duty to act with dispatch when detaining persons at the roadside for the purpose of obtaining a sample of their breath into an approved screening device,” says Toronto criminal lawyer Peter Thorning. Read Story in Law Times
R v. Creedon also finds that the “relevant time period in calculating the ‘forthwith’ requirement in s254(2) of the Criminal Code begins when the officer has reasonable grounds and ends when the device is presented,” says Thorning, a partner at Brauti Thorning Zibarras.
Thorning adds that the final point that Justice Jane Kelly found in the appeal ” is that s24(2) of the Charter has not lost its vitality even in those cases where the evidence ostensibly reliable.” Read Decision