R. v. C.J.

A.J. No. 821 (Alta. P.C.) – Client was charged with impaired driving and operating a motor vehicle with a blood alcohol concentration in excess of 80 milligrams in 100 milliliters of blood.  The Client presented “evidence to the contrary”, but was left in jeopardy as a result of developments in the area of evidence to contrary as decided by the Alberta Court of Appeal.  Rather than simply accepting the adverse higher court ruling, defence counsel successfully brought an application for a judicial stay of proceedings.  This application was premised upon a breach of the Client’s right to make full answer and defence.  The application was successful.