The accused, charged with impaired driving by drug, brought a pre-trial application seeking disclosure of the evaluating officer's 'rolling logs'.
The defence relied on the Court of Appeal's decision in Stipo, which held that rolling logs were obviously relevant for disclosure.
The Crown argued that recent amendments to the Criminal Code prohibited such disclosure and that expert evidence demonstrated the logs were irrelevant.
The court heard expert testimony explaining that nonalignment between an officer's opinion and toxicology results does not indicate an unreliable evaluation due to various scientific factors.
The court concluded the rolling logs were not relevant to assessing the officer's evidence and that section 320.36 of the Criminal Code prohibits the disclosure of testing results related to other individuals.
The application for disclosure was dismissed.
