News: Rivera Leave Application Dismissed

In a recent post I discussed the Court of Appeal's ruling in R v Rivera, 2011 ONCA 225: Comment: Roadside Statements.  In Rivera the Court of Appeal held that utterances at the roadside which are part of the actus reus on a refusal/failure charge are admissible only for the purpose of proving the offence and not for the purpose of impeaching the credibility of the accused.  
This week the Supreme Court dismissed the application for leave to appeal from that ruling.

DG Mack