Drug trial. Issue as to whether Crown had complied with notice requirements set out in s. 51(3) CDSA regarding admissibility of the Certificate of Analyst. Certificates alleged to have been served upon counsel in BC, however, copies of the Certificates were not attached to the Notice of Intentions entered as exhibits at trial.
Held: Reasonable notice proven.
All of the evidence must be weighed in considering whether reasonable notice has been proven on a balance of probabilities. Factors taken into account included: full disclosure had been provided to the defence; and that the address of service was defence counsel’s office. “One argument advanced by defence is that there is no indication who the documents were left with or even if they were served upon a person … [however] There is no evidence or suggestion the documents were not received by counsel.”
J. Jensen – Defence Counsel