R. v. Erlendson, (1979) 1 Man.R.(2d) 84 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: July 22, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 84 (CoCt)

R. v. Erlendson (1979), 1 Man.R.(2d) 84 (CoCt)

MLB headnote and full text

R. v. Erlendson

Indexed As: R. v. Erlendson

Manitoba County Court

Ferg, C.C.J.

July 27, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1374

Motor vehicle - Impaired driving - Breathalyzer - Certificate evidence of results of analysis of breath sample - Correction or explanation of deficient certificate - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 237(1)(c) - A breathalyzer certificate failed to state the name of the person whose breath was analyzed - The trial judge refused to accept testimony by the breathalyzer technician about the identity of the person whose breath was analyzed and acquitted the accused - The Manitoba County Court allowed the Crown's appeal and ordered a new trial - The County Court held that the technician's testimony was admissible to cure the omission in the certificate - See paragraphs 1 to 12.

Evidence - Topic 1687

Hearsay rule exceptions - Official statements - Certificates - Notice of intention offer - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 237 (5) - At the bottom of a breathalyzer certificate served on the accused was a notice which stated: "Pursuant to s. 237(5) of the Criminal Code of Canada, it is intended to produce the above certificate in evidence" - The Manitoba County Court held that the notice of intention to produce the certificate was sufficient - See paragraphs 16 to 19.

Evidence - Topic 2275

Judicial notice - Time - The Manitoba County Court held that the court could not take judicial notice of the equivalent a.m.-p.m. times of times stated in the international system - See paragraphs 13 to 15.

Cases Noticed:

R. v. Larson, 14 C.R.(N.S.) 398, refd to. [para. 6].

R. v. Rees, [1978] 2 W.W.R. 614; 10 A.R. 313, appld. [para. 7].

R. v. Noble (1977), 19 N.B.R.(2d) 417; 30 A.P.R. 417; 17 N.R. 555; 32 C.C.C.(2d) 58; 40 C.R.N.S. 19, appld. [para. 8].

R. v. Hrynkiw (1979), 1 Man.R.(2d) 71, appld. [para. 10].

R. v. Domanski (1979), 1 Man.R.(2d) 77, appld. [para. 14].

Attorney General of Canada v. Workman, [1974] 6 W.W.R. 750; 19 C.C.C.(2d) 373, refd to. [para. 17].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 237(1)(c), sect. 237(5) [para. 16].

Counsel:

Krys Tarwid, for the Crown;

Richard Wolson, for the defendant.

This case was heard before FERG, C.C.J., of the Manitoba County Court, who delivered the following judgment on July 22, 1979: