Drive while disqualified trial. Crown sought to tender a Certificate of Disqualification, however, notice of intention to produce the Certificate had not been provided to the accused.

Held: Acquittal entered.

Use of Certificate evidence in a s. 259 offence trial is governed exclusively by the Criminal Code, and not the TSA. Court bound by Richardson, 1980 ABCA 368. As per the Criminal Code, a Certificate of Disqualification is not admissible absent proof of notice.

J. Kwok – Defence Counsel