The accused was transported to a detachment and presneted to an individual described as a breathalyzer officer and was seen to blow twice into a machine operated by that officer. The accused was subsequently served with documents including notices of intention to produce those documents. A certificate of analysis by an analyst was intorduced in evidnece. The learned trial judge refused to admit into evidence a document purporting to be a certificate by a qualified tech. The certificate did not say how many samples were taken

in saying this i do not suggest the learned Provincial Court Judge was wrong in concluding that he was bound by a decision of the Court on Queen Bench. The appeal is allowed and the matter remitted to the learned Provincial Court Judge