R. v. Johnson (L.G.), 1999 BCCA 622

• Judge: McEachern, C.J.B.C., Esson and Donald, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: October 20, 1999
• Jurisdiction: British Columbia
• Citations: 1999 BCCA 622;(1999), 130 B.C.A.C. 261 (CA)

R. v. Johnson (L.G.) (1999), 130 B.C.A.C. 261 (CA);

    211 W.A.C. 261

MLB headnote and full text

Temp. Cite: [1999] B.C.A.C. TBEd. DE.028

Regina (respondent) v. Lorna Gean Johnson (appellant)

(CA024104; 1999 BCCA 622)

Indexed As: R. v. Johnson (L.G.)

British Columbia Court of Appeal

McEachern, C.J.B.C., Esson and Donald, JJ.A.

October 20, 1999.

Summary:

The accused appealed her conviction for impaired driving causing bodily harm.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 1386.4

Offences against person and reputation - Motor vehicles - Impaired driving - Roadside screening test - Evidence and proof - An accused submitted that it was not shown that the officer used an "approved screening device" as defined in the Criminal Code, s. 254(1), or that the instrument was properly calibrated before the test was administered - The officer testified that he used a "SL2", calibrated to .1 milligrams - The British Columbia Court of Appeal held that, assuming the Crown must prove that the officer used an approved screening device, the officer's reference to "SL2" sufficiently identified the instrument as one listed in the approv­ing order as "Alcolmeter SL2" - Respect­ing the reliability of the test, the court affirmed that the trial judge was correct to interpret the officer's testimony as being erroneous - See paragraphs 6 to 22.

Cases Noticed:

R. v. Bernshaw (N.), [1995] 1 S.C.R. 254; 176 N.R. 81; 53 B.C.A.C. 1; 87 W.A.C. 1; 95 C.C.C.(3d) 193, refd to. [para. 9].

R. v. Morin, [1988] 2 S.C.R. 345; 88 N.R. 161; 30 O.A.C. 81; 44 C.C.C.(3d) 193, refd to. [para. 14].

R. v. Nyman (E.J.) (1998), 113 O.A.C. 356; 131 C.C.C.(3d) 124 (C.A.), dist. [para. 16].

Counsel:

M. Klein, for the appellant;

B. MacLean, for the Crown, respondent.

This appeal was heard before McEachern, C.J.B.C., Esson and Donald, JJ.A., of the British Columbia Court of Appeal, at Vancouver, British Columbia, on October 20, 1999, when the following opinions were delivered orally for the court:

McEachern, C.J.B.C. - see paragraph 1;

Donald, J.A. (McEachern, C.J.B.C., and Esson, J.A., concurring) - see para­graphs 2 to 28.