2 total
Breath-test presumptions partly infringed innocence rights but mostly survived section 1 review.
The Court considered constitutional challenges to Criminal Code evidentiary presumptions governing breath test prosecutions for blood alcohol levels over the legal limit.
A majority held that sections 258(1)(c), (d.01), and (d.1) did not infringe section 7 or section 11(c) but did infringe section 11(d), with section 258(1)(d.01), section 258(1)(d.1), and a severed version of section 258(1)(c) justified under section 1.
The Court allowed the appeal in part and upheld the respondent's conviction.
Rules limiting media filming and broadcasting in courthouses are justified limits on freedom of expression.
The media organizations challenged rules and a directive that limited filming, taking photographs, and conducting interviews to predetermined locations in courthouses, and prohibited the broadcasting of official audio recordings of hearings.
The Supreme Court of Canada held that while these activities are protected by s. 2(b) of the Charter and the measures infringe freedom of expression, the limits are reasonable and justified under s. 1.
The measures advance the pressing and substantial objective of maintaining the fair administration of justice by ensuring the serenity of hearings, protecting the privacy of litigants, and reducing stress on witnesses.
