R. v. Neilson, (1977) 12 A.R. 425 (DC)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 09, 1977
• Citations: (1977), 12 A.R. 425 (DC)

R. v. Neilson (1977), 12 A.R. 425 (DC)

MLB headnote and full text

R. v. Neilson

Indexed As: R. v. Neilson

Alberta District Court

Judicial District of Edmonton

Stevenson, D.C.J.

December 9, 1977.

Summary:

This headnote contains no summary.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificate evidence of results of analysis of a breath sample - Contents of certificate - The accused was charged with driving with an excessive blood alcohol content - At trial the Crown relied on certificate evidence of the results of analysis of breath samples given by the accused - On appeal the accused alleged that the certificate did not establish that the breathalyzer technician took such samples "necessary to enable a proper analysis to be made" (as required by s. 235(1) of the Criminal Code) - The Alberta District Court held that the certificate was valid and admissible even though the certificate did not expressly certify compliance with s. 235(1).

Cases Noticed:

R. v. Warnock, [1977] 1 W.W.R. 385, refd to. [para. 4].

R. v. Noble, 17 N.R. 555, refd to. [para. 4].

R. v. Iwanyshyn (1976), 1 A.R. 446, refd to. [para. 9].

R. v. Halbauer (1976), 2 A.R. 416, folld. [para. 10].

Statutes Noticed:

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

Counsel:

R. Sadownik, for the appellant;

M.C. Elton, for the Crown.

This appeal was heard by STEVENSON, D.C.J., of the Alberta District Court.

The judgment of STEVENSON, D.C.J., was delivered at Edmonton, Alberta on December 9, 1977.