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DUI, DWI & Criminal Legislation in Ontario
Interpretation Act , section: 25
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DUI Procedure/Evidence, Presumption of Accuracy
25. (1) Where an enactment provides that a document is evidence of a fact without anything in the context to indicate that the document is conclusive evidence, then, in any judicial proceedings, the document is admissible in evidence and the fact is deemed to be established in the absence of any evidence to the contrary.
Comments : Note that effective July 2, 2008 the operation of this section is precluded under section 258(1)(c) accuracy cases as a result of the wording "conclusive proof" in the new section 258(1)(c). This means that there is no longer ANY "evidence to the contrary" defence in accuracy cases where section 258(1)(c) is applicable. It is respectfully submitted that this limitation renders the amendment excluding "evidence to the contrary" unconstitutional under Charter sections 7, 11(d), and 15. Innocent Canadians may be convicted because truth (a real difference between true BAC and apparent BrAC even if scientifically established with well-documented drinking scenario) is no longer a defence. It is not a defence to establish a true BAC below 80 and a scientific explanation for the difference between true BAC and apparent BrAC.
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