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Charge of Over 80 withdrawn prior to trial on the basis of defence challenge to Bill C-2 altering the ‘evidence to the contrary’ defence. Counsel Joseph Neuberger and Stacey Nichols brought comprehensive challenge to the new law that will be heard in 2009. However, on the basis of the application and the low readings in this case, the defence convinced the Crown to not proceed on the charge of Over 80.