R. v. Hibsman, (1985) 62 N.B.R.(2d) 178 (PC)

• Judge: Harper, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: February 13, 1985
• Jurisdiction: New Brunswick
• Citations: (1985), 62 N.B.R.(2d) 178 (PC)

R. v. Hibsman (1985), 62 N.B.R.(2d) 178 (PC);

    62 R.N.-B.(2e) 178; 161 A.P.R. 178

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R. v. Hibsman

Indexed As: R. v. Hibsman

Répertorié: R. v. Hibsman

New Brunswick Provincial Court

Harper, P.C.J.

February 13, 1985.

Summary:

Résumé:

The accused was charged with possession of a narcotic for the purpose of trafficking, contrary to s. 4(2) and in violation of s. 4(3) of the Narcotic Control Act. The substance seized from the accused was analyzed and the Crown served the accused with a notice of intention to offer the certificates of analysis into evidence. True copies of the certificates were attached to the notice. The accused objected to the admissibility of these documents.

The New Brunswick Provincial Court held that the documents were admissible in evidence.

Criminal Law - Topic 213

Common law defences - De minimis or trifling matters - When preparing a notice of intention to offer a certificate of analysis as evidence, the Crown added a non-existent subparagraph (a) to the relevant section of the statute allegedly violated - The New Brunswick Provincial Court held that the addition was a trifling matter not sufficient to warrant exclusion of the documents from evidence - See paragraph 15.

Evidence - Topic 1687

Hearsay rule - Exceptions - Official statements - Certificates - Notice of intention to offer - A notice of intention to offer certificates of analysis of drugs into evidence set out an accurate description of the offence charged and a reference to the statute allegedly violated - A non-existent subparagraph (a) was added to the relevant section of the statute - The New Brunswick Provincial Court held that the addition was not misleading and was mere surplusage and accordingly admitted the documents - See paragraphs 14 to 16.

Cases Noticed:

R. v. Breen (1975), 12 N.B.R.(2d) 616; 10 A.P.R. 616, not appld. [para. 11].

Statutes Noticed:

Narcotic Control Act, R.S.C. 1970, c. N-1, sect. 9(3) [para. 7].

Counsel:

[None disclosed].

This charge was heard before Harper, P.C.J., of the New Brunswick Provincial Court, whose decision was delivered on February 13, 1985.