R. v. Earle, (1981) 8 Man.R.(2d) 380 (CoCt)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: March 20, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 8 Man.R.(2d) 380 (CoCt)

R. v. Earle (1981), 8 Man.R.(2d) 380 (CoCt)

MLB headnote and full text

R. v. Earle

Indexed As: R. v. Earle

Manitoba County Court of Minnedosa

Ferg, C.C.J.

March 20, 1981.

Summary:

This case arose out of a conviction of driving with an excessive blood-alcohol content contrary to s. 236 of the Criminal Code. The accused appealed on the ground that the breathalyzer certificate should not have been admitted into evidence as proof of his blood-alcohol content.

The Manitoba County Court dismissed the appeal.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificates - Introduction of corrected certificate - The accused was served with a certificate containing the wrong breathalyzer solution number - A month later, the technician served the accused with a corrected certificate and notice - At trial, the technician explained the error in the original certificate and thus the reason for the second certificate - The defence submitted that the Code only provided for "a" certificate and not preparation and service of other certificates - The Manitoba County Court held that the corrected certificate was properly admitted into evidence and relied upon and that the accused was not prejudiced - See paragraphs 16 to 19.

Cases Noticed:

R. v. Henri (1973), 9 C.C.C.(2d) 52, refd to. [para. 8].

R. v. Marsh (1974), 18 C.C.C.(2d) 415, refd to. [para. 8].

R. v. Cummins, [1975] 6 W.W.R. 329, refd to. [para. 8].

R. v. Andrushko (1977), 37 C.C.C.(2d) 273, refd to. [para. 8].

R. v. Hyrnkiw (1979), 1 Man.R.(2d) 71, refd to. [para. 12].

R. v. Domanski (1979), 1 Man.R.(2d) 77, refd to. [para. 12].

R. v. Erlendson (1979), 1 Man.R.(2d) 84, refd to. [para. 12].

R. v. Bykowski (1980), 23 A.R. 426; 54 C.C.C.(2d) 398, refd to. [para. 14].

R. v. Costa (1980), 54 C.C.C.(2d) 61, consd. [para. 15].

R. v. Maybee, [1971] 3 W.W.R. 633; 6 C.C.C.(2d) 467, folld. [para. 16].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236 [para. 1].

Counsel:

A.G. Bowering, for the respondent;

D.E. Bowman, for the appellant.

This case was heard by FERG, C.C.J., of the Manitoba County Court of Minnedosa, who on March 20, 1981, delivered the following judgment: