Supreme Court upholds procedure for allowing breathalyzer evidence

OTTAWA – The Supreme Court of Canada is upholding procedures that permit shortcuts in allowing a motorist’s breathalyzer sample into evidence — even in cases where taking the sample may have been unlawful.

In a decision today, the court is affirming the existing charter process for challenging police actions in obtaining a sample.

The high court’s 5-4 ruling comes in the case of Dion Henry Alex, who was stopped by police in Penticton, B.C., in April 2012.

Alex failed a roadside test and was taken to the police detachment, where he blew above the legal blood alcohol limit in two subsequent tests.