R. v. Zwicker, (1980) 38 N.S.R.(2d) 361 (CA)

• Judge: Coffin, MacDonald and Pace, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: March 14, 1980
• Jurisdiction: Nova Scotia
• Citations: (1980), 38 N.S.R.(2d) 361 (CA)

R. v. Zwicker (1980), 38 N.S.R.(2d) 361 (CA);

    69 A.P.R. 361

MLB headnote and full text

R. v. Zwicker

(S.C.C. 00068)

Indexed As: R. v. Zwicker

Nova Scotia Supreme Court

Appeal Division

Coffin, MacDonald and Pace, JJ.A.

March 14, 1980.

Summary:

This headnote contains no summary.

Evidence - Topic 1690

Hearsay rule - Exceptions - Official statements - Certificates - Signing of - The accused was acquitted of driving while disqualified contrary to section 238(3) of the Criminal Code - The Crown tried to prove its case using a certificate of the Registrar of Motor Vehicles - The trial judge held that the certificate was not proof under section 238, because the Registrar's signature was put on a blank certificate and the Registrar never checked the certificate for accuracy after the information relating to the accused, was filled in - The Crown appealed to the County Court and the appeal was allowed - The accused appealed - The Nova Scotia Court of Appeal allowed the appeal and restored the trial judge's decision - The Court of Appeal held that the certificate did not meet the qualifications of section 238(4), because the signature on such a certificate implied knowledge and approval of the contents of the document it authenticated.

Note:

The decision of Carver, P.C.J., at trial is reported at 37 N.S.R.(2d) 622; 67 A.P.R. 622. The decision of Clements, C.C.J., of the Nova Scotia County Court on appeal from Carver, P.C.J., is not reported in this series of reports.

Cases Noticed:

R. v. Knickle (1974), 18 C.C.C.(2d) 341; 8 N.S.R.(2d) 264, dist. [para. 7].

R. v. Dagley (1975), 12 N.S.R.(2d) 258; 6 A.P.R. 258, dist. [para. 8].

Grondin v. Tisi and Turner, [1912] 4 D.L.R. 819, refd to. [para. 12].

Goodman v. J. Eban Ltd., [1954] 1 Q.B.D. 550, refd to. [para. 14].

R. v. Fox (1958), 27 C.R. 132, refd to. [para. 15].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 238(3) [para. 1]; sect. 238(4) [para. 5].

Motor Vehicle Act, R.S.N.S. 1967, c. 191, sect. 238A [para. 6].

Authors and Works Noticed:

Black's Law Dictionary (Rev. 4th Ed.), (para. 9].

Falconbridge on Banking and Bills of Exchange [para. 13].

Counsel:

Albert E. Bremner, for the appellant;

R.M. Endres, for the respondent.

This appeal was heard on March 11, 1980, by COFFIN, MACDONALD and PACE, JJ.A., of the Appeal Division of the Nova Scotia Supreme Court.

On March 14, 1980, the judgment of the Appeal Division was delivered by MACDONALD, J.A.: