The appellant was convicted of failing to provide a breath sample.
At sentencing, the Crown sought a greater punishment based on previous convictions, proving them by producing a certified extract of the appellant's driving record.
The Supreme Court of Canada held that the certificate was admissible at common law because hearsay evidence is admissible at a sentencing hearing if credible and trustworthy.
The Court also held that the lack of advance notice of the Crown's intention to use the certificate did not violate section 7 of the Charter.
