What is the test for admitting a breath sample as evidence in a sexual assault case?

It is conceded that, if there has been a Charter violation then breath samples arising following that violation must have been obtained “in a manner that infringed or denied any rights or freedoms guaranteed by this Charter”. Therefore the issue under Section 24(2), upon finding a violation, is whether the admission of the breath samples into evidence “would bring the administration of justice into disrepute”. Such a determination is to be based upon consideration of three factors set out in Collins v. The Queen (1987), 1987 CanLII 84 (SCC), 33 CCC (3rd) 1 (SCC): (a) the effect of the admission of the evidence on the fairness of the trial; (b) the seriousness of the Charter violation; and (c) the effect of excluding the evidence on the reputation of the administration of justice.