Court of Appeal for Ontario
BEFORE: Laskin, Sharpe and Cronk JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
Marilyn Jackson
Appellant
COUNSEL:
Vincenzo Rondinelli, for the appellant
Jennifer Woollcombe, for the respondent
HEARD: April 7, 2011
On appeal from the decision of the Summary Conviction Appeal Court dated May 7, 2009 by Justice John R. McIsaac of the Superior Court of Justice, dismissing the appeal from conviction entered on September 29, 2008 by Justice Robert P. Main of the Ontario Court of Justice.
APPEAL BOOK ENDORSEMENT
1On the trial judge’s finding that the applicant understood her rights, we agree that her s. 10(b) rights were not breached.
2Even if there was a breach, we agree with the summary conviction appeal court judge that the results of the breathalyser tests would be admissible under s. 24(2) of the Charter.
3The appeal is dismissed.
