The persistent and seemingly irrepressible argument about the significant intrusiveness of breath samples appears to have taken on the character of the "whack-a-mole" arcade game. Despite the Supreme Court of Canada having used its authoritative mallet to comment fairly bluntly on the relative non-intrusiveness of breath samples, the concept keeps popping up, just like the mole in the game. The most recent appellate commentary on the immortality of the argument (among both counsel and judges, it seems) is to be found in the decision of the Court of Appeal for Ontario in R. v. MacMillan, 2013 ONCA 109 (Ont. C.A.) … at paragraphs 88-94.
R. v. Kim
2013 CarswellOnt 8343
Ontario Court of Justice