Trial on a charge under s. 253(1)(b) CC. Transitional case. Crown sought to rely on the presumption of accuracy through information in the Certificate of Qualified Technician, which stated that the calibration check results were within 10% of the target values “of an alcohol standard which was certified by an analyst”. Further, Crown did not call extrapolation evidence but sought to rely on the “old” s. 258(1) CC presumption of identity.
Held: Conviction.
Presumption of accuracy was engaged here:“ a qualified technician’s conclusions, as set out in a Certificate, hinge upon additional hearsay information concerning many of the required aspects of the operation of an approved instrument including the very fact that the instrument is, in fact, “approved.”’ Similarly, the certification of the alcohol standard could be established through the Certificate or testimony of a Qualified Technician: Porchetta, 2019 ONCJ 244. The Court also found that transitional proceedings “ought to continue as though there has been no repeal of the presumption of identity”.
M. Sparks – Defence Counsel