R. v. Zwicker, (1979) 37 N.S.R.(2d) 622 (ProvCt)

• Judge: Carver, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: April 26, 1979
• Jurisdiction: Nova Scotia
• Citations: (1979), 37 N.S.R.(2d) 622 (ProvCt)

R. v. Zwicker (1979), 37 N.S.R.(2d) 622 (ProvCt);

    67 A.P.R. 622

MLB headnote and full text

R. v. Zwicker

Indexed As: R. v. Zwicker

Nova Scotia Provincial Court

Carver, P.C.J.

April 26, 1979.

Summary:

This headnote contains no summary.

Evidence - Topic 1690

Hearsay rule - Exceptions - Official statements - Certificates - Signing of - The accused was charged with driving while disqualified contrary to section 238(3) of the Criminal Code - The Crown tendered a certificate of disqualification signed by the Registrar of Motor Vehicles - The accused objected on the ground that the certificate was not signed by the Registrar - The accused produced evidence which indicated that the Registrar's signature was placed on a blank certificate by a lithograph method, the certificate was mass produced, and the specifics about individuals such as the accused were filled in as the certificates were needed - The Nova Scotia Provincial Court dismissed the charge on the ground that the Registrar's signature should have been placed on the document after all the relevant information was on it - See paragraph 20.

Cases Noticed:

R. v. Knickle (1974), 8 N.S.R.(2d) 265; 18 C.C.C.(2d) 341, refd to. [para. 8].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 238(3) [para. 1]; sect. 238(4) [para. 6].

Motor Vehicle Act, R.S.N.S. 1967, c. 191, sect. 238(A) [para. 14].

Authors and Works Noticed:

Webster's Dictionary (2nd Ed.) [para. 19].

Counsel:

F.E.L. Fowke, for the Crown;

A.E. Bremner, for the defendant.

This case was heard by CARVER, P.C.J., of the Nova Scotia Provincial Court.

On April 26, 1979, CARVER, P.C.J., delivered the following judgment: