• Stephen Biss

Bill C-46 Permits Proof of Alcohol Standard’s Reliability by Certificate of Analyst

Please see section 329.32 of BillC-46. As with the current Criminal Code, the Crown can prove the reliability of the lot of alcohol standard by resort to a certificate:


320.‍32 (1) A certificate of an analyst, qualified medical practitioner or qualified technician made under this Part is evidence of the facts alleged in the certificate without proof of the signature or the official character of the person who signed the certificate. Notice of intention to produce certificate

(2) No certificate shall be received in evidence unless the party intending to produce it has, before the trial, given to the other party reasonable notice of their intention to produce it and a copy of the certificate. Attendance and cross-examination

(3) A party against whom the certificate is produced may apply to the court for an order requiring the attendance of the person who signed the certificate for the purposes of cross-examination. Form and content of application

(4) The application shall be made in writing and set out the likely relevance of the proposed cross-examination with respect to the facts alleged in the certificate. A copy of the application shall be given to the prosecutor at least 30 days before the day on which the application is to be heard. Time of hearing

(5) The hearing of the application shall be held at least 30 days before the day on which the trial is to be held.


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