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accused's acquittal actus reus admissible allowed Appeal erred Appeal pronounced application argued arrest authority breathalyzer British Columbia British Columbia Court Canadian Charter of Rights circumstances committed common law conduct conspiracy constitutional conviction Court of Appeal Court of Canada crime Criminal Code Criminal Law Crown Dain decision default detained detention dismissed duty evidence extradition fact footnote forthwith fundamental justice guilty Ibid imprisonment indictment inscribed intent involved issue Jaffe judgment judicial jurisdiction jury Lamer Law Reform Commission lawyer legislation limit murder Narcotic Control Act obstruction offence officially induced error Ontario Court pending person police officer principle procedure proceedings prosecution provincial pursuant Queen question refused relevant retain and instruct right to counsel right to silence Rights and Freedoms rule Saskatchewan Section sentencing statement statute supra Supreme Court suspect Talbourdet Therens Toronto treaty trial judge victim violation warrant writ of assistance