Court of Appeal for Ontario

CITATION: R. v. Jackson, 2011 ONCA 279

DATE: 20110407

DOCKET: C50950

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

[1] On the trial judge’s finding that the applicant understood her rights, we agree that her s. 10(b) rights were not breached.

[2] Even 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.

[3] The appeal is dismissed.