R. v. Bergstrom, (1981) 13 Man.R.(2d) 361 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: September 30, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 13 Man.R.(2d) 361 (CoCt)

R. v. Bergstrom (1981), 13 Man.R.(2d) 361 (CoCt)

MLB headnote and full text

R. v. Bergstrom

Indexed As: R. v. Bergstrom

Manitoba County Court

Philp, C.C.J.

September 30, 1981.

Summary:

The accused appealed his conviction under s. 237 of the Criminal Code, on the ground that he was not served with a "copy of the certificate" as provided in s. 237(5).

The Manitoba County Court allowed the appeal and quashed the accused's conviction.

Evidence - Topic 1687

Hearsay rule - Official statements - Certificates - Notice of intention to offer - The Manitoba County Court referred to several guidelines to be used in determining whether the copy of a certificate of an analyst under s. 237(5) of the Criminal Code was a true, exact and accurate copy - See paragraphs 20 to 23.

Criminal Law - Topic 1374

Motor vehicle - Impaired driving - Breathalyzer - Certificate evidence of results of analysis of breath sample - A carbon copy of a certificate of an analyst was served on an accused by an officer who was present when the certificate was prepared by the analyst but who did not completely compare the copy with the original - The Manitoba County Court held that the provincial court judge erred in admitting the certificate into evidence, where there was no evidence that the copy contained the essential particulars other than the breathalyzer readings - See paragraph 24.

Words and Phrases

Copy of the certificate - The Manitoba County Court discussed the meaning of the phrase "copy of the certificate" as found in s. 237(5) of the Criminal Code - See paragraphs 3 to 23.

Cases Noticed:

R. v. Pederson (1973), 15 C.C.C.(2d) 323, consd. [para. 3].

R. v. Nawrocki (1974), 21 C.C.C.(2d) 122, consd. [para. 3].

R. v. MacMillan (1981), 44 N.S.R.(2d) 269; 83 A.P.R. 269, consd. [para. 3].

R. v. Glass (1973), 12 C.C.C.(2d) 450 (Sask. C.A.), consd. [para. 6].

R. v. Dale, [1974] 4 W.W.R. 429 (Sask. D.C.), consd. [para. 7].

Webb v. Tarr, [1975] 2 W.W.R. 16 (Sask. D.C.), consd. [para. 11].

R. v. Barratt (1977), 35 C.C.C.(2d) 174 (Ont. H.C.), consd. [para. 13].

R. v. "Z", [1976] 6 W.W.R. 736 (Alta. J.C.), consd. [para. 14].

R. v. Honeyman (1979), 3 M.V.R. 107 (B.C.C.A.), consd. [para. 15].

R. v. Penner (1981), 9 Man.R.(2d) 366 (Man. C.C.), consd. [para. 19].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 237(5) [para. 2].

Counsel:

D. Melnyk, for the respondent;

R.J. Wolson, for the (defendant) appellant.

This appeal was heard before PHILP, C.C.C.J., of the Manitoba County Court. The decision of PHILP, C.C.C.J., was delivered on September 30, 1981: