The accused was charged with operating a conveyance with a blood alcohol concentration over 80mg.
The investigating officer was unable to testify due to serious illness.
The Crown brought a Khan application to admit the officer's notes and reports under the principled exception to the hearsay rule.
While the court found the necessity requirement was met, it held that threshold reliability was not established.
The notes lacked procedural safeguards, contained inconsistencies, and addressed crucial issues like grounds for arrest and Charter rights that required cross-examination.
The application was dismissed.
