The Ontario Court of Justice ruled on the admissibility of Drug Recognition Evaluator (DRE) evidence in a criminal trial where the evaluating officer's certification had lapsed due to COVID-19 by the time of giving evidence.
The court determined that while the statutory shortcut for DRE evidence admissibility under s. 320.31(5) of the Criminal Code did not apply, the evidence was admissible under the common law Mohan framework.
The judge found that the Crown met the criteria for expert evidence admission, considering the officer's training, prior certification at the time of the evaluation, and the specific reason for the lapse.
