The appellant was acquitted of a drunk driving charge after the trial judge held that the Crown could not rely on the statutory presumption of blood alcohol level without proceeding by certificate evidence or proving the suitability of the breathalyzer solution.
The Court of Appeal set aside the acquittal.
On further appeal, the Supreme Court of Canada dismissed the appeal, holding that the Crown may rely on the statutory presumption whether it proceeds by viva voce evidence or certificate, and that proof of the suitability of the breathalyzer solution is not required as part of the Crown's case.
