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Case Briefs Database at
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This is a database of lists of cases connected to particular criminal law issues. You can read the full text for most of the cases listed by visiting https://www.canlii.org/. If you are a law student, student-at-law, or a lawyer and you have additional cases that should be added to this list, please contact us at the email address at the bottom of this page. This portion of the database contains notes (some of which are quite old) made by the author and various students.
R. v. McDonald
2008 ONCJ 536 (CanLII), [2008] O.J. No. 4297
Reasons
ON CJ
Paragraph 5: "The old law always permitted the defence to call evidence with respect to malfunction or error in the breath machine or its operation and in fact in R v Gilbert (1994) 92 CCC 3d 466 the Court of Appeal said that a Carter defence without such evidence might encounter difficulties in being accepted (though in practice, a bare-bones Carter often succeeded). Bill C2 made a requirement of what formerly was merely desirable from a defence standpoint."