Crown appeal from acquittal on a charge of ‘over 80’. Issue on appeal was the interpretation of s 320.31(1)
(a) CC, which requires Crown to prove that the qualified technician who took the breath samples conducted a system calibration check with results within 10% of the target value of an alcohol standard certified by an analyst. Trial judge found that the Crown did not meet the requirements, as the technician’s evidence about the alcohol standard was hearsay.
Held: Appeal allowed; conviction entered.
Section 320.31(1)(a) “should not be interpreted to require the Crown to tender the certificate of analyst. Evidence from a qualified technician in the form of either viva voce evidence or a certificate of a qualified technician is sufficient, provided the evidence identifies whether the alcohol standard was certified by an analyst.” Following Taylor [2019 ABPC 165] and Hanna [2019 ABPC 157], Court found the viva voce evidence of the qualified technician analogous to the evidence in the certificate of the qualified technician.
B. Corbin – Defence Counsel