R. v. Martel, (1980) 23 A.R. 361 (NWTSC)

• Judge: Tallis, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: August 05, 1980
• Jurisdiction: Northwest Territories
• Citations: (1980), 23 A.R. 361 (NWTSC)

R. v. Martel (1980), 23 A.R. 361 (NWTSC)

MLB headnote and full text

R. v. Martel

(No. 2146)

Indexed As: R. v. Martel

Northwest Territories Supreme Court

Tallis, J.

August 5, 1980.

Summary:

This headnote contains no summary.

Evidence - Topic 506

Presentation of evidence - Objections to offer - Time for - The Northwest Territories Supreme Court stated that in the absence of special circumstances the reasons for an objection to the admissibility of evidence should be given at the time of the objection - See paragraph 14.

Evidence - Topic 1687

Hearsay rule - Official statements - Certificates - Notice of intention to offer - The accused was convicted of driving after consuming an excessive amount of alcohol contrary to section 236 of the Criminal Code - At trial a police officer testified that the accused was served with two documents each entitled "Certificate of Analysis" - Annexed to the bottom of each document was a notice of intention to produce certificate evidence - Certificate evidence was served on the accused - The accused appealed on the ground that the Crown failed to prove a notice of intention to produce - The Northwest Territories Supreme Court dismissed the appeal and held that because the notice was annexed to each certificate of analysis, which the officer testified was served on the accused and was entered as evidence at trial, there was evidence of service of the notice as contemplated in s. 237(5) of the Code - See paragraphs 9 and 10.

Cases Noticed:

R. v. Tunke (1976), 25 C.C.C.(2d) 518, refd to. [para. 9].

R. v. Jose A. Costa, 4 W.C.B. 419, refd to. [para. 11].

R. v. Ebner (1979), 28 N.R. 91 (S.C.C.), consd. [para. 12].

Chouinard v. The Queen, [1963] S.C.R. 279, consd. [para. 12].

R. v. Walsh, 4 W.C.B. 365 (O.C.A.), consd. [para. 12].

R. v. Funk, 6 Alta. L.R.(2d) 138 (D.C.), consd. [para. 12].

R. v. Nichols (1978), 6 Alta. L.R.(2d) 14 (D.C.), consd. [para. 12].

R. v. Bentson (1976), 24 C.C.C.(2d) 556 (B.C.S.C.), consd. [para. 12].

R. v. Thomas Oakley, 4 W.C.B. 299, folld. [para. 15].

R. v. Banks, [1972] 1 W.L.R. 346, refd to. [para. 16].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 235(1) [para. 5]; sect. 236 [para. 1]; sect. 237(5) [para. 4].

Counsel:

R.W. Poitras, for the appellant;

W. Delaney, for the Crown respondent.

This case was heard on June 27, 1980, at Yellowknife, Northwest Territories by TALLIS, J., of the Northwest Territories Supreme Court.

On August 5, 1980, TALLIS, J., delivered the following judgment.