Is there a causal relationship between a breach of section 24(2) of the Charter and a breath sample taken at the same time?
Ontario, Canada
The following excerpt is from R. v. Miller, 2018 ONCJ 465 (CanLII):
[62] There is a temporal connection -- the breach and the breath readings occurred on the same evening within the same hour. That temporal connection would be a feature in every breath sample case. While a causal relationship is not a condition precedent to a s. 24(2) Charter remedy, the “nature and extent” of any causal relationship is still important: R v. Mack, 2014 SCC 58, at paras. 38-42
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