Neha Chugh

The court conducted a voir dire to determine whether Mie-Tha Lah, a conditionally accredited Karen interpreter, was competent to provide interpretation services for the accused in a trial for impaired driving contrary to section 253(1)(a) and operating a motor vehicle with more than the legal limit of alcohol in blood contrary to section 253(1)(b) of the Criminal Code.

The accused's counsel objected to the interpreter's qualifications.

The court found the interpreter competent to provide interpretation services meeting constitutional standards under section 14 of the Canadian Charter of Rights and Freedoms, applying the test established in R. v. Tran.

The accused subsequently pleaded guilty to the section 253(1)(b) charge and was sentenced.

The appellant appealed a summary conviction for operating a motor vehicle with blood alcohol exceeding the legal limit.

The central issue was whether the trial judge erred in law regarding the statutory requirement under s. 254(2)(b) of the Criminal Code that a roadside breath demand be made “forthwith” after the officer forms reasonable suspicion of alcohol in the body.

Crown counsel at trial conceded that the roadside demand had not been made forthwith.

The trial judge nevertheless admitted subsequent breathalyzer results after conducting a Charter s. 24(2) analysis and convicted the accused.

The appeal court held that once the Crown conceded the statutory precondition was not met, the roadside screening results and the subsequent breathalyzer results were inadmissible.

The conviction was set aside and an acquittal entered.