R. v. Magee, (1981) 29 A.R. 86 (CA)

• Judge: Lieberman, Harradence and Stevenson, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: June 05, 1981
• Citations: (1981), 29 A.R. 86 (CA)

R. v. Magee (1981), 29 A.R. 86 (CA)

MLB headnote and full text

R. v. Magee

(No. 12982)

Indexed As: R. v. Magee

Alberta Court of Appeal

Lieberman, Harradence and Stevenson, JJ.A.

June 5, 1981.

Summary:

This case arose out of a charge against the accused of driving with an excessive blood-alcohol content contrary to s. 235 of the Criminal Code of Canada. The Alberta Provincial Court in a judgment reported 20 A.R. 10 convicted the accused after ruling that the breathalyzer technician's certificate was evidence of the suitability of the breathalyzer solution. The accused appealed.

The Alberta Court of Queen's Bench in a judgment unreported in this series of reports dismissed the appeal. The accused appealed.

The Alberta Court of Appeal dismissed the appeal.

Criminal Law - Topic 1374

Motor vehicle - Impaired driving - Breathalyzer - Certificate evidence of results of analysis of breathalyzer solution or breath sample - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 237(1) - The Alberta Court of Appeal held that the breathalyzer technician's certificate was evidence of the suitability of the breathalyzer solution and that it was not necessary to prove the suitability of the solution by an analyst's certificate.

Cases Noticed:

R. v. Gorgichuk (1970), 1 C.C.C.(2d) 492, refd to. [para. 1].

R. v. Crosthwait, [1980] 1 S.C.R. 1089; 31 N.R. 603; 25 Nfld. & P.E.I.R. 509; 68 A.P.R. 509, consd. [para. 5].

R. v. Lightfoot (1981), 36 N.R. 349, appld. [para. 5].

R. v. Ware (1975), 30 C.R.N.S. 308, appld. [para. 7].

R. v. Walton (1980), 21 A.R. 195, refd to. [para. 8].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 237(1)(c), sect. 237(1)(e), sect. 237(1)(f) [para. 6].

Counsel:

C.G. Docken, for the appellant (accused);

I.F. Kirkpatrick, for the respondent.

This case was heard before LIEBERMAN, HARRADENCE and STEVENSON, JJ.A., of the Alberta Court of Appeal.

On June 5, 1981, STEVENSON, J.A., delivered the following judgment for the Court of Appeal: