Alcohol standard expired long after offence date

Criminal Law - Offences against the person and reputation - Driving/care or control with excessive alcohol [over 80]

Certificate of analyst stated alcohol standard solution used in Intoxilyzer had dates of manufacture and expiry of 2014/03 and 2016/03/31 respectively. In her cross-examination, breath technician stated it had it “had expiry date of 2014-03 and 2016-03 respectively”. Accused was convicted of driving with excess blood alcohol. Accused appealed. Appeal dismissed. Trial judge was entitled, and correct, to find that alcohol standard expired on March 31, 2016, long after offence date. Such interpretation gave words of certificate of analysis their ordinary meaning and accorded with common sense.

R v. Caron (2019), 2019 CarswellOnt 6493, 2019 ONSC 2491, Sproat J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Criminal Lawyers’ Association filling mentor-gap with new online educational series

OBA's taxation law section names first female chairperson, Angela Salvatore

COVID-19 Economic Recovery Act to amend Justices of the Peace Act and Provincial Offences Act

OHRC tells Sudbury landlords they cannot discriminate based on receipt of public assistance

Windsor’s new associate dean to advance Indigenous law in legal education

Ontario and Superior Courts of Justice embark on first phase of reopening

Most Read Articles

Canadian Constitution Foundation suggests amendments to mandatory mask order in Ontario

Superior Court finds that psychiatric treatments amounted to assault and battery

Windsor’s new associate dean to advance Indigenous law in legal education

Former judge Robert Sutherland dies due to post COVID-19 complications