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section 188(1)
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188(1) Notwithstanding section 185, an application made under that section for an authorization may be made ex parte to a judge of a superior court of criminal jurisdiction, or a judge as defined in section 552, designated from time to time by the Chief Justice, by a peace officer specially designated in writing, by name or otherwise, for the purposes of this section by (a) the Minister of Public Safety and Emergency Preparedness, if the offence is one in respect of which proceedings, if any, may be instituted by the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or (b) the Attorney General of a province, in respect of any other offence in the province, if the urgency of the situation requires interception of private communications to commence before an authorization could, with reasonable diligence, be obtained under section 186.

breath-demand-technicalitiesAn overview of a recent Ottawa case in which Paul Lewandowski ensured an acquittal for his client by focussing on the technical requirements imposed on police by the Criminal Code of Canada, in relation to obtaining a breath sample.
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