The appellant appealed his summary convictions for impaired operation and operating a conveyance with a blood alcohol concentration over 80mg.
He argued the trial judge erred by denying a last-minute adjournment request to pursue disclosure regarding the breath technician's prior misconduct, and by admitting a copy of the Certificate of Qualified Technician (CQT) instead of the original.
The Superior Court of Justice dismissed the appeal, finding the trial judge reasonably exercised his discretion to deny the adjournment given the defence's failure to act on earlier opportunities.
The court also held that a copy of the CQT is admissible and sufficient under the Criminal Code, aligning with Parliament's intent to streamline impaired driving trials.
