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 R. v. Campbell

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ID: 669

Title: R. v. Campbell

Cite: [2002] O.J. No. 158

Court: ON SCJ

Date: 14/01/2002

Justices: Thomson J.

Result:  

WhoWon: P

Issue: Certificate of Analysis


Charges: over 80


 

Facts

Accused was driving a motorcycle when he was stopped because his tailight was out. The officer detected a strong odour of alcohol and issued a roadside demand which registered a fail. A breath demand was made and he was demaned a breath sample but Campbell did not respond. On the Certificate of Analysis there was no indication of the name of the solution or the manufacturer, just the Lot Number. Edit


Reasons

The Crown must establish beyond a reasonable doubt that the alcohol standard solution be identified and correctly identified. That issue cannot be established unless the Crown establishes correctly the type of solution, the manufacture and the lot number. FAILURE TO PROVE THOSE ESSENTIALS WILL RESULT IN THE CERTIFICATE BEING INADMISSIBLE. THE CRIMINAL CODE REQUIRES THE CERTIFICATE TO PROVED THE MANUFACTURER ANDTHE LOT NUMBER. Edit


 

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