Legal Wit — Judicial Whack-A-Mole

Legal Wit — Judicial Whack-A-Mole
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
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