The accused was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 milligrams of alcohol in 100 millilitres of blood contrary to section 253(1)(b) of the Criminal Code.
The accused brought an application seeking disclosure of records relating to the Intoxilyzer device used to test his breath samples, including maintenance logs, calibration data, and internal quality assurance records.
The Crown and police service opposed the application.
The court dismissed the application, finding that the requested records were third-party records subject to the O'Connor regime and that the accused had failed to meet the "likely relevant" threshold required for production of such records.
