R. v. Leslie (W.A.), (1993) 88 Man.R.(2d) 74 (CA)

• Judge: Philp, Twaddle and Helper, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: July 06, 1993
• Jurisdiction: Manitoba
• Citations: (1993), 88 Man.R.(2d) 74 (CA)

R. v. Leslie (W.A.) (1993), 88 Man.R.(2d) 74 (CA);

    51 W.A.C. 74

MLB headnote and full text

Her Majesty The Queen (respondent/appellant) v. William Allen Leslie (appellant/respondent)

(Suit No. A.R. 92-30-00978)

Indexed As: R. v. Leslie (W.A.)

Manitoba Court of Appeal

Philp, Twaddle and Helper, JJ.A.

July 6, 1993.

Summary:

The accused was tried in Provincial Court on four counts of driving while his driver's licence was suspended, contrary to s. 225(1) of the Highway Traffic Act. He was con­victed of one count. A summary conviction appeal court judge set aside the conviction. The Crown appealed.

The Manitoba Court of Appeal dismissed the appeal.

Criminal Law - Topic 1388

Motor vehicles - Driving while disquali­fied - Evidence - [See Evidence - Topic 1693 ].

Evidence - Topic 1693

Hearsay rule - Exceptions and exclusions - Official statements - Certificates - The accused was charged with driving while suspended, contrary to s. 225(1) of the Highway Traffic Act - Two certificates of the Registrar of Motor Vehicles, which indicated that the accused was a suspended driver, were admitted into evidence under s. 324 of the Act - Information in the certificates relating to the accused's driving record had been added to a pre-printed form with a pre-printed facsimile of the Registrar's signature - The Manitoba Court of Appeal held that the certificates were not admissible, where there was no indica­tion that the Registrar or some person under his direction had certified their contents.

Cases Noticed:

R. v. Wholesale Travel Group Inc. and Chedore, [1991] 3 S.C.R. 154; 130 N.R. 1; 49 O.A.C. 161, refd to. [para. 5].

R. v. Senchuk (1990), 67 Man.R.(2d) 231 (Q.B.), consd. [para. 8].

R. v. Siemens (1983), 19 M.V.R. 314 (Man. Prov. Ct.), refd to. [para. 8].

Goodman v. Eban (J.) Ltd., [1954] 1 Q.B. 550 (C.A.), consd. [para. 15].

R. v. Zwicker (1980), 38 N.S.R.(2d) 361; 69 A.P.R. 361; 53 C.C.C.(2d) 239 (C.A.), consd. [para. 17].

Statutes Noticed:

Highway Traffic Act, S.M. 1985-86, c. 3; C.C.S.M., c. H-60, sect. 225(1), sect. 225(5.1) [para. 2]; sect. 324 [para. 7].

Counsel:

D.J. Miller, Q.C., for the appellant;

A.J. Semchuk, for the respondent.

This appeal was heard on April 5 and June 23, 1993, before Philp, Twaddle and Helper, JJ.A., of the Manitoba Court of Appeal.

On July 6, 1993, Philp, J.A., delivered the following judgment for the Court of Appeal.