R. v. Mohl

The Chief Justice‑‑We have reached a unanimous decision, and my brother Lamer will deliver the judgment of the Court.

Lamer J.‑‑The Crown, in this case, has not argued the urgency to proceed with the breathalyzer test, and must be taken to have conceded that the respondent has not been given his rights under s. 10(b) of the Canadian Charter of Rights and Freedoms . The Crown's sole argument is under s. 24(2) and to the effect that the admission of the evidence, under the circumstances of this case, would not bring the administration of justice into disrepute. Assuming, without deciding, that there has been a violation of the accused's s. 10(b) rights, we agree with Sirois J. that the admission of the evidence in this case would not bring the administration of justice into disrepute.

The appeal is accordingly allowed, the judgment of the Court of Appeal is set aside, the conviction entered by Sirois J. and his order referring the matter back to the trial judge for sentencing are restored.