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Case Briefs Database at
 

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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. Walsh

53 C.C.C. (2d) 568

Facts

ON CA

Cst. Cushing observed the appellant's vehicle veering from time to time into the lane for oncoming traffic. When the constable caught up with it the vehicle stopped. The appellant showed signs o impairment and was arrested. Cst made a demand that the appellant provide a samples of his breath. Cst Cushing took teh appellant to a police station and turned him over to cst taylor whom he identified as "the qualified breathalyzer operator". at this time cst cushing, in the presence of the appellant, related to cst taylor the "facts concerning the demand of the sample". Cst taylor returned the appellant to cst cushing and gave him a notice of submission of chemical analysis certificate and Certificate of analysis. Each were photocopied 3 times. the results were 140 mg at 62 minutes after the innitial arrest and 100mg at 82 minutes. In this appeal the admissibility of a certificate of a qualified technicial is objected to on 2 grounds...(1) that there was no evidnece on which the trial judge could find that the qualifed technician formed an opinion that he recieced such samples of the appellants breath as were necessary to enable a proper analysis to be made and (2) that what was tendered and accepted in evidnce was a carbon copy of the certificate of analysis and not the original copy of it.

Reasons

ON CA

Clearly the purpose of both s 237(1)(f) and (5) have been met so have their literal requirments. In my view this ground of appeal should fail

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