Appeal from conviction on charge of blowing over .08. Defence argued that the Certificate was not admissible, as the Crown had failed to prove beyond a reasonable doubt that the first breath sample came from him. Certificate stated that the first sample was taken at 0053 hours, whereas the arresting officer recorded the sampling time as 0047.
Held: Appeal dismissed.
Court entitled to look at the contents of the Certificate in determining the admissibility of the Certificate: Schlegel (1985), 22 CCC (3d) 436. Trial judge’s findings were reasonable, and the evidence in its entirety did not raise a doubt as to whether the accused provided the samples. “Any residual doubt is overcome by the evidence … that there were only ever the two constables and Mr. Novakovic on the bus throughout the relevant times.”
S. Laprairie – Defence Counsel