R. v. Staiger, (1977) 4 A.R. 494 (CA)

• Judge: Clement, Moir and Morrow, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: July 04, 1977
• Citations: (1977), 4 A.R. 494 (CA)

R. v. Staiger (1977), 4 A.R. 494 (CA)

MLB headnote and full text

R. v. Staiger

Indexed As: R. v. Staiger

Alberta Supreme Court

Appellate Division

Clement, Moir and Morrow, JJ.A.

July 4, 1977.

Summary:

This case arose out of a charge against the accused of driving with an excessive blood-alcohol content contrary to s. 236 of the Criminal Code of Canada, R.S.C. 1970, c. C-34. Samples of the breath of the accused were taken for analysis in the breathalyzer machine at 12:40 and at 12:55. At the accused's trial the judge of provincial court refused to accept the certificate evidence of the analysis of the breath samples of the accused because 15 minutes had not elapsed between them. The Crown's appeal by way of stated case was dismissed by the Alberta Supreme Court, Trial Division, in a judgment reported 2 A.R. 427. The Crown appealed.

The Alberta Court of Appeal dismissed the appeal and affirmed the judgment of the Trial Division - see also R. v. Dauphine (1977), 18 N.B.R.(2d) 148; 26 A.P.R. 148 (N.B.C.A.).

Criminal Law - Topic 1374

Motor vehicle - Impaired driving - Breathalyzer - Certificate evidence of result of analysis of breath sample - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 237(1) (c)(ii) - Time interval between breath tests - Meaning of "at least 15 minutes" - The breath of the accused was analyzed at 12:40 and at 12:55 - The Alberta Court of Appeal affirmed the dismissal of a charge of impaired driving against the accused on the ground that certificate evidence was inadmissible because at least 15 minutes had not elapsed between tests.

Time - Topic 783

Computation of time - Particular terms - "At least" - s. 237(1)(c)(ii) of the Criminal Code of Canada, R.S.C. 1970, c. C-34, provided that the two breath tests of a person suspected of impaired driving must be taken "at least 15 minutes" apart - The breath of the accused was analyzed at 12:40 and at 12:55 - The Alberta Court of Appeal affirmed the acquittal of the accused on a charge of impaired driving on the ground that certificate evidence was inadmissible because 15 minutes had not elapsed between tests.

Words and Phrases

At least 15 minutes - The Alberta Court of Appeal discussed the meaning of "at least 15 minutes" in Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 237(1)(c) (ii).

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 237(1)(c)(ii) [para. 2].

Counsel:

Bruce W. Duncan, for the Crown;

J.A. MacPherson, for the respondent.

This case was heard before CLEMENT, MOIR and MORROW, JJ.A., of the Alberta Supreme Court, Appellate Division.

On July 4, 1977, CLEMENT, J.A., delivered the following judgment for the Appellate Division: