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Case Briefs Database at
 

lawyers.ca duimetrology.com criminal-lawyers.com courthouses.net

This is a database of lists of cases connected to particular criminal law issues. You can read the full text for most of the cases listed by visiting https://www.canlii.org/. If you are a law student, student-at-law, or a lawyer and you have additional cases that should be added to this list, please contact us at the email address at the bottom of this page. This portion of the database contains notes (some of which are quite old) made by the author and various students.

R. v. Brown

20 M.V.R. 163

Facts

SA QB

The appellant appealed from his conviction of over 80 contending that the trial judge had erred in allowing the admission of a certificate of a qualified technician when the readings given by the appellant were givin under compulsion of statute contrary to s. 11(c) of the Charter. Secondly, it was urged that s. 237(1)(f) of C.C.C. infringed the presumption of innocence guaranteed by s. 11(d) s. 237 provided in part that the certificate consitituted evidence of the statement contained therein without proof of the signature of teh official character of the person named therein....appeal was dismissed

Reasons

SA QB

The Charter did not render the compulsory breath test scheme illegal nor did it render the certificate of analysis so obtained as inadmissible in any proceedings agaist the person giving it. This was the law prior to the Charter and this is continued to be the law

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