Far be it from me to introduce any actual facts into an Agriville discussion and I certainly am NOT defending the lunacy that has passed as federal governance for the last 4 years but this is a direct cut and paste from Bill C46:
The offence is not made out if all of the following conditions are met:
Situations in which a person would have “a reasonable expectation†that they would be required to provide a sample would be decided on a case-by-case basis by the courts. However, a person involved in a serious collision causing death, bodily harm, or major damage should reasonably expect to be required to provide a sample.
The offence is not made out if all of the following conditions are met:
- The person consumed alcohol after ceasing to operate the conveyance;
- The person had no reasonable expectation that they would be required to provide a sample of breath or blood; and,
- Their alcohol consumption is consistent with their BAC at the time the samples were taken and with their having had a BAC of less than 80 at the time of operation.
Situations in which a person would have “a reasonable expectation†that they would be required to provide a sample would be decided on a case-by-case basis by the courts. However, a person involved in a serious collision causing death, bodily harm, or major damage should reasonably expect to be required to provide a sample.
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