In two separate 8-1 decisions on Friday, the Supreme Court of Canada clarified what conditions the Crown needs to meet to rely on breath test results in a drunk driving case, concluding that a broader range of acceptable conditions aligns with Parliament’s intent to simplify and streamline impaired-driving cases.

The decisions shed light on amendments that Parliament made to the Criminal Code in 2018, which changed the rules that prosecutors have to follow to prove blood alcohol concentration in impaired operation offences. The changes allow prosecutors to rely on a person’s breath alcohol test results as “conclusive proof” of their blood alcohol concentration.

However, prosecutors must first prove beyond a reasonable doubt that the test results are reliable. This includes demonstrating

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