The appellant appealed convictions for impaired driving and dangerous driving following a trial in the Ontario Court of Justice.
The appeal challenged only the dismissal of a s. 7 Charter application alleging that police failed to preserve the accused’s tractor trailer for mechanical testing, thereby causing lost evidence relevant to potential brake or steering failure.
The court reviewed the jurisprudence on lost evidence and the three categories of possible s. 7 breaches: disclosure violations due to unacceptable negligence, abuse of process, and prejudice to the right to a fair trial.
The court held that although the potential relevance of mechanical testing met the low Stinchcombe threshold, the police conduct did not amount to unacceptable negligence and the evidence was only peripherally relevant.
The appellant also failed to establish actual prejudice to trial fairness or entitlement to a stay of proceedings.
The trial judge’s dismissal of the Charter application was upheld.
