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.
