Justice committee I'm not a constitutional expert, but I think it will be constitutionally challenged if it is passed.
February 28th, 2008Committee meeting
Frank Hoskins
Justice committee I don't because I haven't done an analysis of it myself, but I think the proportionality area would be most litigated.
February 28th, 2008Committee meeting
Frank Hoskins
Justice committee It has been my experience that it's pretty much 100 or over. That's not to say there may not be a few cases under that, but generally speaking it is over 100.
February 28th, 2008Committee meeting
Frank Hoskins
Justice committee The code says “exceeds eighty milligrams”, so if it were 100, I can't say what they would say, but there is a presumption of accuracy that would be challenged, I would presume, as you get lower. Often with defence counsel, the lower the BAC, the more you'll have to argue the pres
February 28th, 2008Committee meeting
Frank Hoskins
Justice committee How many questions were there? I want to write them down.
February 28th, 2008Committee meeting
Frank Hoskins
Justice committee Would you repeat the first question for me, please?
February 28th, 2008Committee meeting
Frank Hoskins
Justice committee As I understand, in Bill C-2 they have amended the refusal section now to increase it.... It's a new offence, I believe. Perhaps you could help me with that.
February 28th, 2008Committee meeting
Frank Hoskins
Justice committee There's also a new provision for refusal causing bodily harm, and death, as well. So the incentive to refuse.... There are more consequences, I suppose.
February 28th, 2008Committee meeting
Frank Hoskins
Justice committee Mr. Murphy, I'm not quite sure how to answer that question. I don't know why it causes people to refuse, whether it's because they're concerned about going over, or they're concerned about being in an accident, but anything that can assist in taking away that incentive may be hel
February 28th, 2008Committee meeting
Frank Hoskins
Justice committee Yes, and right now, as I said earlier, it's been my experience that the police do not charge in that range. They're charging to 0.10 as a result of the presumed error in the accuracy of the machine. If it were going to change, I don't know what, if any, effect that would to have.
February 28th, 2008Committee meeting
Frank Hoskins
Justice committee Mr. Chair and committee members, I'm appearing here today as a crown attorney; however, my views expressed here today are not intended to represent the Province of Nova Scotia or the public prosecution service. My position with the public prosecution service is that of chief cr
February 28th, 2008Committee meeting
Frank Hoskins
Justice committee Furthermore, it is expected that the alcohol ignition interlock program will come into effect later this year, sometime in June. Against this backdrop, and from a prosecutorial perspective, I wish to briefly comment on the new legislative initiatives in the area of impaired drivi
February 28th, 2008Committee meeting
Frank Hoskins
Justice committee Yes. I'm with the Public Prosecution Service of Nova Scotia.
February 28th, 2008Committee meeting
Frank Hoskins