R. v. Blair, (1982) 37 A.R. 361 (QB)

• Judge: Foisy, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 12, 1982
• Citations: (1982), 37 A.R. 361 (QB)

R. v. Blair (1982), 37 A.R. 361 (QB)

MLB headnote and full text

R. v. Blair

(No. 8111000077A)

Indexed As: R. v. Blair

Alberta Court of Queen's Bench

Judicial District of Vegreville

Foisy, J.

May 12, 1982

Summary:

The accused was charged and convicted of unlawfully driving a motor vehicle on or about July 4, 1981 after consuming an excessive amount of alcohol contrary to s. 236 of the Criminal Code. The accused was served with a Certificate of Analysis on July 4, 1981. The accused was served with a second or amended certificate on July 30, 1981 together with a notice of intention to produce certificate evidence at trial. The second certificate was prepared on the 5th or 6th of July and backdated July 4, 1981. The second certificate was introduced at trial. The accused appealed to the Alberta Court of Queen's Bench on the ground that the service of two certificates created confusion, and the absence of any evidence explaining the reason for the service of two certificates cast doubt on the reasonableness of the notice of intention to use the second certificate.

The Alberta Court of Queen's Bench dismissed the appeal and held that the notice of intention to produce the second certificate was reasonable and the second certificate was admissible.

Evidence - Topic 1687

Hearsay rule exceptions - Certificate evidence - Notice of intention to produce certificate evidence - Reasonableness of notice - Criminal Code s. 237(5) - The accused was charged with impaired driving - He was served at different times with two Certificates of Analysis with notices of intention to produce the certificates at trial - The accused objected that service of two certificates negatived the reasonableness of the notice of intention to use the second certificate - The Alberta Court of Queen's Bench held that the service of more than one set of certificates did not detract from the reasonableness of the notice required by s. 237(5) of the Code - See paragraphs 15, 16, 17, and 18.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificate evidence - Admissibility - The accused was charged with impaired driving - He was served with two Certificates of Analysis - The second or amended certificate, dated July 4. 1981, was served on the accused on July 30, 1981, and was used at trial - The second certificate was prepared on the 5th or 6th of July and backdated to the date of the offence - The accused appealed on the ground that the second certificate was inadmissible - The Alberta Court of Queen's Bench held that an error in the date of a certificate does not render the certificate inadmissible - See paragraph 33.

Cases Noticed:

R. v. Henri (1972), 9 C.C.C.(2d) 52 (B.C.C.A.), dist. [para. 9].

R. v. Goerz, [1972] 1 W.W.R. 696 (Alta. C.A.), consd. [para. 14].

R. v. Mabee (1972), 6 C.C.C.(2d) 467 (Man. C.A.), folld. [para. 20].

R. v. Gosby (1974), 8 N.S.R.(2d) 183; 16 C.C.C.(2d) 228, refd to. [para. 24].

R. v. Jacobson (1975), 18 C.C.C.(2d) 446, refd to. [para. 26].

R. v. Magee (1980), 20 A.R. 10; 13 A.L.R.(2d) 55, affd. 29 A.R. 86; 16 A.L.R.(2d) 38, consd. [para. 28 and 32].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236 [para. 1]; sect. 237(5) [para. 2].

Narcotic Control Act, R.S.C. 1970, c. N-1, sect. 9(3) [para. 9].

Counsel:

Brian H. Fraser, for the respondent;

Robert D. Hurdle, for the appellant.

This appeal was heard by FOISY, J., of the Alberta Court of Queen's Bench. The judgment of the Alberta Court of Queen's Bench was delivered by FOISY, J., on May 12, 1982, at the City of Edmonton.