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The court dismissed the Crown's appeal, affirming that a breath certificate must be permanently given to the accused.
The Crown appealed the trial judge's dismissal of impaired operation and "over 80" charges against the respondent.
The trial judge found the certificate of qualified technician (CQT) inadmissible because the Crown failed to prove that the respondent was "given" a copy of the certificate as required by section 320.32(2) of the Criminal Code.
The Crown argued the trial judge erred by requiring proof beyond merely showing the document to the accused.
The appellate court dismissed the Crown's appeal, holding that the trial judge's finding was a question of fact, not law, and that "given" requires permanent transfer of the document to the accused, not merely temporary display.
