Impaired driving trial. Issue as to whether breath technician proven to be a “qualified technician”. The “Qualified Technician Card” stated that the officer was “a person designated by the Province of Alberta, to perform evidential breath tests …”, as opposed to “a person designated by the Attorney General …”

Held: Officer found to be a “qualified technician”.

As per Leavitt (1971), 5 CCC (2d) 141, a court is not entitled to refer to the Alberta Gazette, if the Gazette is not formally entered into evidence. However, the officer testified that he was a qualified technician, which gave rise to a prima facie presumption of qualification, and the wording on the card did not constitute evidence capable of rebutting that presumption.

I. Savage, Defence Counsel