B. Schnell

The appellant appealed his conviction for impaired driving, arguing the trial judge erred in admitting breathalyzer results despite alleged Charter breaches and in failing to find a s. 10(b) breach regarding his need for an interpreter.

The summary conviction appeal court found no ss. 8, 9, or 10(b) Charter breaches and held the evidence was admissible.

However, the appeal court found the trial judge erred by taking judicial notice that the appellant's blood alcohol concentration proved impairment without giving the parties notice.

Consequently, the impaired driving conviction was quashed, but the conditional stay on the 'over-80' charge was lifted, a conviction was entered, and the same sentence of a $1,500 fine and a one-year driving prohibition was imposed.

The defendant, charged with fraudulent personation following data breaches at his former employer, brought an application alleging a breach of his right to be tried within a reasonable time under s. 11(b) of the Charter.

The court calculated the total delay from the date the information was sworn and deducted periods of defence delay, including time spent pursuing resolution discussions and delays in obtaining instructions.

The net delay was found to be 28 months and 6 days, which is below the 30-month presumptive ceiling for superior courts.

The defendant failed to establish that the delay was unreasonable, and the application was dismissed.

The court also noted in obiter that the COVID-19 pandemic would constitute exceptional circumstances justifying delay.