R. v. Romanchuk (R.A.), (1999) 185 Sask.R. 309 (ProvCt)

• Judge: Bekolay, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: October 21, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 185 Sask.R. 309 (ProvCt)

R. v. Romanchuk (R.A.) (1999), 185 Sask.R. 309 (ProvCt)

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. NO.026

In The Matter Of SOTI Ticket No. 5307852

Her Majesty the Queen v. Robert A. Romanchuk

Indexed As: R. v. Romanchuk (R.A.)

Saskatchewan Provincial Court

Judicial Centre of Prince Albert

Bekolay, P.C.J.

October 21, 1999.

Summary:

The accused was charged with speeding under the Highway Traffic Act. The Crown relied on two tuning fork certificates to prove the proper functioning of the police radar unit. The accused argued that the certificates were insufficient to establish the accuracy of the radar unit, without further evidence of the unit's operating frequency.

The Saskatchewan Provincial Court found the accused not guilty.

Motor Vehicles - Topic 2686

Regulation of vehicles and traffic - Rate of speed - Evidence and proof - By radar equipment or other speed detection device - The accused was charged with speeding -The Crown entered into evidence two tuning fork certificates to prove the proper function­ing of the police radar unit - The accused argued that the certificates were insufficient to establish the accuracy of the radar unit, without further evidence of the unit's operat­ing frequency - The Sas­katchewan Provin­cial Court found the accused not guilty, as the Crown had not strictly proven the accu­racy of the unit - See paragraph 10.

Statutes Noticed:

Highway Traffic Act, S.S. 1986, c. H-3.1, sect. 97(2)(a)(i)(B) [para. 8].

Counsel:

Cst. R. Schmidt, for the Crown;

P.V. Abrametz, for the accused.

This matter was heard before Bekolay, P.C.J., of the Saskatchewan Provincial Court, Judicial Centre of Prince Albert, who delivered the following decision on October 21, 1999.