What is the test for failing to provide a breath sample under section 224 of the Criminal Code?
Saskatchewan, Canada
The following excerpt is from R. v. Bourget, 1986 CanLII 3207 (SK QB):
In Duke v. The Queen (supra) the accused was charged with driving a motor vehicle having consumed alcohol in such quantity that the proportion thereof in his blood exceeded 80 milligrams of alcohol in 100 millilitres of blood contrary to then s. 224 of the Criminal Code. Eight days after a breath sample was taken from the accused, his counsel requested a sample of that breath. Counsel was advised that no sample was available. It was argued on behalf of the accused that the failure to provide the sample was a violation of s. 2(e) of the Canadian Bill of Rights.
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