R. v. Novis

36 C.C.C. (3d) 275



The accused was charged with impaired driving and "over 80". At the time the accused was served with a certificate of a qualified Technician . The accused was convicted of the offence but on appeal to the summary conviction appeal court his conviction was quashed on the basis that the designation of the police officer as a qualified tech had not been published in the Ontario Gazette until 3 moths after the arrest. The police officer had been designated as a qualified tech since 1 month prior to the breath tests and had been registered. On appeal by the Crown help the appeal should be allowed and the conviction restured.



Section 238 of the Criminal Code and its predecessor Legislation s. 237(6) of the Criminal Code simply requires that a qualified technician be a person designated bu the "Attorney General" which includes the Solicitor General. There was no reqirements that the designation be made in any particular way or that it by published in the Ontario Gazette or proved in any special manner,