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In this episode, Mike discusses the Saskatchewan Court of Appeal decision R. v. Singer, 2026 SKCA 52, an update to Episode 138 (R. v. Singer, 2026 SCC 8). In this case, Saskatchewan’s top court had to determine the outstanding ground of appeal it refused to address: whether the accused’s right to a fair trial was prejudiced because the arresting officer — prior to testifying — allegedly overheard defence counsel’s submissions taking issue with the grounds to make a breath demand and whether it was made forthwith. The Court of Appeal initially found it unnecessary to deal with this issue because it excluded crucial evidence, having concluded the police infringed the accused’s right to be free from unreasonable search by entering his driveway, opening the door of his truck and rousing him. But when the Supreme Court overturned Saskatchewan's opinion on the s. 8 breach, it sent the matter back for a resolution on the fair trial issue. Mike has the break down for you!

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