201810.26
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Lisa Jørgensen quoted in Canadian Lawyer Magazine

Lisa Jørgensen discusses the decision of the Supreme Court of Canada in R. v. Gubbins in Canadian Lawyer Magazine. Lisa discusses the process of third-party record applications in light of the decision of the Court, “Ultimately, says Jørgensen, ”there’s no other way for defence to determine there’s a problem with a [breathalyzer] machine” other than making application of the operating records for it.” As well, she says, “third-party record applications, in practice, are not quick applications.” First, defence counsel must set out what the likely relevance of the decision is, subpoena the third party recordholders, then bring the matter to court and argue in front of a judge, who (if the relevance test is satisfied) will get records from a third party, then decide if they are relevant to the case.” October 26, 2018.