R. v. Soucy, (1977) 9 A.R. 374 (DC)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 25, 1977
• Citations: (1977), 9 A.R. 374 (DC)

R. v. Soucy (1977), 9 A.R. 374 (DC)

MLB headnote and full text

R. v. Soucy

Indexed As: R. v. Soucy

Alberta District Court

Judicial District of Peace River

Stevenson, J.

October 25, 1977.

Summary:

This case arose out of a charge of driving with a blood alcohol content in excess of that prescribed in s. 236 of the Criminal Code of Canada. At trial the breathalyzer technician's certificate was admitted under s. 237 of the Criminal Code. The trial judge acquitted the accused because of lack of evidence to identify the accused as being the person named in the technician's certificate.

On appeal to the Alberta District Court the appeal was allowed, the acquittal was set aside and a conviction was entered. The Alberta District Court stated that the technician's certificate was evidence that the accused gave a breath sample for analysis at the time and place stated.

Criminal Law - Topic 1374

Motor vehicle - Impaired driving - Breathalyzer - Certificate evidence of results of analysis of a breath sample - Criminal Code of Canada, s. 237 - The accused was charged with driving with a blood alcohol content in excess of that prescribed in s. 236 of the Criminal Code - The breathalyzer technician's certificate was admitted under s. 237 of the Criminal Code - The trial judge acquitted the accused because of lack of evidence to identify the accused as being the person named in the technician's certificate - On appeal the accused was convicted - The Alberta District Court stated that the technician's certificate was evidence that the accused gave a breath sample for analysis at the time and place stated.

Cases Noticed:

Rizzee v. Lilley, [1976] 2 W.W.R. 97, refd to. [para. 2].

R. v. Wright (1959), 126 C.C.C. 100, folld. [para. 4].

R. v. Iwanyshyn (1977), 1 A.R. 446, folld. [para. 4].

Statutes Noticed:

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

Counsel:

W.A. Kubanek, for the Crown;

S. Doz, for the accused.

The judgment of the Alberta District Court was delivered by STEVENSON, J., at Edmonton, Alberta on October 25, 1977.