R. v. Delorey

R. v. Delorey

The amendments to s.258 enacted July 2, 2008 are procedural/evidentiary and therefore operate retrospectively; they apply to this prosecution arising from January 15, 2007, meaning rebuttal of the s.258 presumptions is limited to evidence that the approved instrument malfunctioned or was operated improperly and that...

Source-derived case information.

Citation
2009 NSPC 1
Parties
Crown: Her Majesty the Queen; Defendant: Dennis Michael Delorey
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 January 2009
Procedural Posture
Criminal / Pre Trial Application on Retrospective Application of Legislative Amendments
Outcome
Court held the July 2, 2008 amendments to s.258 apply retrospectively and govern the prosecution of Delorey.
Legal Topics
Impaired Driving, Retrospectivity of Legislation, Section 258 Criminal Code, Evidentiary Presumptions, Bill C 2 Amendments
Source Language
english
Criminal Law Statutory Interpretation Evidence Impaired Driving Retrospectivity of Legislation Section 258 Criminal Code Evidentiary Presumptions Bill C 2 Amendments

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Parties

Her Majesty the Queen

Crown

Dennis Michael Delorey

Defendant

Procedural Posture

Criminal / Pre Trial Application on Retrospective Application of Legislative Amendments

Legal Issues

  1. 1 Whether amendments to s.258 of the Criminal Code (proclaimed July 2, 2008) apply to offences alleged to have occurred before that date
  2. 2 Whether the amendments are procedural/evidentiary or substantive affecting vested rights
  3. 3 What evidence can rebut the evidentiary presumptions in s.258 under the amended regime

Ratio Decidendi

The amendments to s.258 enacted July 2, 2008 are procedural/evidentiary and therefore operate retrospectively; they apply to this prosecution arising from January 15, 2007, meaning rebuttal of the s.258 presumptions is limited to evidence that the approved instrument malfunctioned or was operated improperly and that such malfunction/operation produced the over-80 mg/100 ml result and that the accused’s blood would not have exceeded the limit at the time of the offence.

Court Disposition

Court held the July 2, 2008 amendments to s.258 apply retrospectively and govern the prosecution of Delorey.

Orders

  • The Criminal Code amendments proclaimed July 2, 2008 are applicable to this case; matter to proceed under the amended s.258.