What is the effect of a police officer’s failure to follow the Bill of Rights when requesting a breath sample?

Alberta, Canada


The following excerpt is from R. v. Chromiak, 1978 CanLII 718 (AB QB):

In Brownridge v. R., Laskin J. stated at p. 329: “In my view, the result of the failure of the police officer who demanded the breath sample to make that allowance vitiated the conviction in this case. This follows not on any theory that violation of the Bill of Rights carries this consequence in every criminal case, but because the violation in this case was the very basis upon which the accused was charged with an offence under s. 223(2). In short, the refusal of the accused to give the breath sample until he had an opportunity to consult a lawyer, a position that he was entitled to take on the facts herein and on the application of s. 2(c) (ii) of the Bill of Rights to those facts, was the foundation of the charge and conviction for refusing to give a breath sample when so requested.”

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