Jayme Isador Lesperance

The appellant, Patrick Flynn, appealed his conviction for an offence under s. 253(1)(b) of the Criminal Code ("blowing over").

At trial, the judge found two Charter breaches (s. 8, 9, and 10(b)) but admitted the breath samples under s. 24(2) of the Charter.

The appeal advanced three grounds: error regarding the "as soon as practicable" requirement for breath samples, failure to prove the first sample was within two hours, and error in the s. 24(2) Charter analysis.

The Superior Court dismissed the appeal, finding no palpable and overriding error or error in principle in the trial judge's findings of fact or application of the s. 24(2) balancing test, which concluded that the minimal nature of the Charter breaches did not warrant exclusion of the breath samples.

The applicant sought to vary his probation order to remove the non-contact condition with his girlfriend, J.R., and his children, citing rehabilitation and J.R.'s support.

The Crown opposed, highlighting the applicant's history of domestic violence, breaches of the order, and ambivalence towards alcohol counselling.

The court acknowledged the applicant's efforts but noted ongoing concerns and the lack of complete information due to concurrent family court proceedings where the children had been removed from J.R.'s custody and the applicant was denied supervised access.

The court emphasized the need for a holistic approach to domestic violence cases across criminal and family justice systems.