Impaired driving trial. Court Information set out accused’s name as: Justin Spencer Dirk Remmelzwaal. The same name appeared on the Certificate of Anlayses, minus the second middle name “Dirk”. Issue regarding admissibility of the Certificate.
Held: Certificate admissible.
The surname and first name on the Certificate were correct. The accused was also identified as the person who was arrested and who gave the breath samples and was served with the Certificate. “As stated by the Court of Appeal in Ryden,1993 ABCA 356 and in Baptiste (1980), 9 MVR 216 (Alta. CA), the accused could not have been misled and his right to make full answer and defence and receive a fair trial was not fettered”.
V. Semenuk – Defence Counsel