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Lethbridge Herald Newspaper Archives

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Lethbridge Herald, The (Newspaper) - August 18, 1971, Lethbridge, Alberta Wedneiday, Auqiut 11, 1971 THE IETHBRIDGE HERAID 13 Device retains breath tests TORONTO (CP) The inven- tor o[ a brealh-analysis machine mw' liy police in Canada iind the United Stales says lie has developed a similar device that preserve bi'ealh samples in- definitely. Prof. Robert Borkcnslein. director of the department of forensic studies at Indiana Uni- versity, said in a telephone in- terview Monday night that the instrument could have been manufactured as early as 1965. He has been trying to per- suade manufacturers for almost 10 years that "the need for this type of breathalyzer would come." He may find a market in Can ada following an Ontario Si premc Court decision Monda night that impaircd-drivin charges based on evidence fro: breathalizers violates the Cana dian Bill of Rights unless Hi accused is given a sample of hi breath for use ill his defence. At Ottawa Tuesday, a justic department spokesman said Supreme Court of Canada ha provided "pretty strong author ity" that federal breath analyst legislation does not violate the Eil; of Rights, but the depart menl will be "very pleased when someone comes up with a device to preserve breath sam pies. Both men were commenting on the Ontario decision by Mr Justice Patrick Galligan to dis miss the case against Oakville businessman George Clinton Duke, charged with impaired driving March II. UNABLE TO CHALLENGE Duke had been given no op- portunity to "test or challenge a machine" because police could not provide a sample of bis breath for his defence in court, BIr. Justice Galligan said In a 12-page decision, ho wrote: "I have come to the con- clusion that the specific issue before me was not decided by the Supreme Court of Canada. He was referring to a 1909 decision by the federal Supreme Court that a section of federal breath analysis legislation which said breath samples should be provided to an ac- cused person had nevei been proclaimed and could not, there- fore, be used as a defence. Harvey Baiter, Duke's law- yer, predicted the ruling would mean "the breathalizcr is fin- ished in Ontario." But A. Randall Dick, deputy provincial attorney-general, said later he would appeal the ruling to the Ontario Court ol Appeal. TEST CANADIAN MODIiL The justice department spokesman at Ollaws said the National Research Council has given hopeful signs that a leak- proof container for breath is in the final stages of development. The ROMP has been testing cine promising NRC model in its own laboratories. Expense is a major considers lion. Cvery driver accused of impaired driving would have to be provided wilh a sample ot his breath Prof. Borkenslcin said the new bieaUi-analysis machine, which would allow p r o p 1 e charged with drinking offences tn keep a sample of llieir brcalh, differs only hlighlly from thn unit ncu m UM'. lie hrcnlh samples could, be preserved for al least two years and piohabl.v for "an in- definite period ol time.'1 Reservoir contract awarded Boys' Colorful Underfashsesis in Economy- Priced 3-pack Value Packed Buy! Save Over 24 Cotton Blend Knits in New Fall Shades Boys Long Sleeve Shirts Deep lone? wifh while Irim in 100so col'cr. rib knil wilh eloslic waistband and reinforced scam1 5, L 7 '16 ycori Blue, Grcc-n, Gold. Another Woolco "b e s I buy" in permonenl press 8 lo 16. Solids and pallcrns in Blue, Green, Gold, Brown. Perfect combinalion o f easycore Polyeiler Collon, smart styling, new Fall shades and big savings! 8 lo 16. Wine, Novy, Gold and Brown- Reg. 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