The accused, charged with operating a motor vehicle while impaired by a drug, brought a motion for disclosure of the Drug Recognition Expert (DRE) rolling log.
The Crown argued that recent amendments to the Criminal Code (Bill C-46) repealed the provision relied upon in previous case law to permit disclosure, creating an absolute prohibition under the new section 320.36.
The court conducted a statutory interpretation analysis and concluded that section 320.36 does not create an absolute prohibition, as it contains an exception for the enforcement of the Act.
The court held that the appellate precedent mandating disclosure of DRE rolling logs remains applicable under the new legislative regime.
The disclosure application was granted.
