R. v. Hrynkiw, (1979) 1 Man.R.(2d) 71 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: July 19, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 71 (CoCt)

R. v. Hrynkiw (1979), 1 Man.R.(2d) 71 (CoCt)

MLB headnote and full text

R. v. Hrynkiw

Indexed As: R. v. Hrynkiw

Manitoba County Court

Ferg, C.C.J.

July 19, 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) - The breathalyzer certificate failed to clearly set out how many breath samples of the accused were analysed - The trial judge admitted testimony of the arresting officer about the number of samples which were taken - The Manitoba County Court dismissed the appeal of the accused from conviction and held that the officer's testimony was admissible to confirm the number of samples which were taken - The County Court held that such evidence could be given by a person other than the breathalyzer technician.

Comment:

See also R. v. Domanski (1979), 1 Man.R.(2d) 77; R. v. Erlendson (1979), 1 Man.R.(2d) 84.

Cases Noticed:

R. v. Warnock, [1977] 1 W.W.R. 385 (B.C.S.C.), appld. [para. 3].

R. v. Noble (1977), 19 N.B.R.(2d) 417; 30 A.P.R. 417; 17 N.R. 555; 40 C.R.N.S. 19; 32 C.C.C.(2d) 68 (S.C.C.), consd. [para. 3].

R. v. Bozek (1977), 34 C.C.C. 457 (Sask. D.C.), consd. [para. 3].

R. v. Andrushko, [1977] 6 W.W.R. 214 (Man. C.A.), consd. [para. 3].

R. v. Rees, [1978] 2 W.W.R. 614; 10 A.R. 313 (Alta. S.C.), appld. [para. 3].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 237(1).

Counsel:

S. Katz, for the appellant;

A.G. Bowering, for the Crown.

This case was heard before FERG, C.C.J., of the Manitoba County Court, who delivered the following judgment on July 19, 1979: