R. v. Dobson (M.A.), (1976) 16 N.B.R.(2d) 676 (QB)

• Judge: Barry, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: December 17, 1976
• Jurisdiction: New Brunswick
• Citations: (1976), 16 N.B.R.(2d) 676 (QB)

R. v. Dobson (M.A.) (1976), 16 N.B.R.(2d) 676 (QB);

    16 R.N.-B.(2e) 676; 21 A.P.R. 676

MLB headnote and full text

Sommaire et texte intégral

R. v. Dobson

Indexed As: R. v. Dobson (M.A.)

Répertorié: R. v. Dobson (M.A.)

New Brunswick Court of Queen's Bench

Barry, J.

December 17, 1976.

Summary:

Résumé:

This case arose out of a charge against the accused of driving with an excessive blood-alcohol content contrary to s. 236 of the Criminal Code of Canada, R.S.C. 1970, c. M-34. The accused was convicted before a judge of the Provincial Court. The accused appealed by way of stated case on the grounds that a certificate of an analyst (as distinguished from the certificate of the technician) was improperly admitted into evidence without notice to the accused and that the accused was not identified.

The New Brunswick Court of Queen's Bench dismissed the appeal and affirmed the conviction of the accused.

The New Brunswick Court of Queen's Bench held that the certificate of the technician constituted prima facie proof that the accused was the person named in the certificate. See also R. v. Iwanyshyn (1976), 1 A.R. 446 (Alta. C.A.). Proper notice was given to the accused with respect to the certificate of the technician.

The New Brunswick Court of Queen's Bench held that the trial judge was in error in admitting the certificate of the analyst without notice to the accused under s. 237(5) of the Criminal Code. See paragraphs 3 to 5.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificate of results of analysis of a breath sample - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 237(1)(f) - Proof of identification of the accused - The New Brunswick Court of Queen's Bench held that the certificate of a technician constitutes prima facie proof that the accused was the person named in the certificate - The Court of Queen's Bench held that upon admission of the certificate into evidence the trial judge was entitled to infer that the accused was the person named in the certificate - See paragraphs 6 to 8.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificate of results of analysis of a breath sample - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 237(1)(f) - Proof of suitability of breathalyzer solution - The New Brunswick Court of Queen's Bench held that the certificate of a technician constitutes prima facie proof that the breathalyzer solution was suitable - See paragraphs 9 to 10.

Evidence - Topic 1687

Hearsay rule exceptions - Official statements - Certificate evidence - Notice of intention to offer certificate evidence - Certificate of analyst - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 237(5) - The New Brunswick Court of Queen's Bench held that the certificate of an analyst was inadmissible in the absence of notice to the accused of the intention to offer it into evidence - See paragraphs 3 to 5.

Cases Noticed:

R. v. Gorgichuk (1970), 1 C.C.C.(2d) 492, dist. [para. 9].

R. v. Manysiak, 2 C.C.C.(2d) 504, consd. [para. 9].

R. v. VanStone, [1973] 1 W.W.R. 383, consd. [para. 10].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. M-34, sect. 237(1)(f) [para. 7]; sect. 235(5) [para. 5].

Counsel:

Edward J. Lahey, on behalf of the appellant;

James McAvity, on behalf of the Crown.

This case was heard on December 17, 1976, at Saint John, New Brunswick, before Barry, J., of the New Brunswick Supreme Court, Queen's Bench Division.

On December 17, 1976, Barry, J., orally delivered the following judgment: