The Supreme Court of Canada has struck down some sections of the Criminal Code dealing with drinking and driving.
In 2009, the government amended the law making it more difficult to fight driving-under-the-influence charges.
Under the new rules, anyone who tests over the legal limit on a roadside breathalyzer would have to prove a high reading was caused by a malfunctioning or misused machine and that they wouldn't have been drunk given the amount of alcohol they consumed.
Lawyers argued this reverse onus violates Canadians' Charter rights — and the principle of presumed innocence. In a 5-2 decision, the Supreme Court partially agreed.
In an appeal brought by a Quebec man, the court said Friday that once a defendant has proven the machine malfunctioned the rest doesn't matter.
But, the court ruled that the onus of proof remains on the defendant to prove the breathalyzer test was faulty.
More to come
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