R v Pederson

R. v. Pederson

1973 CarswellBC 213, [1974] 1 W.W.R. 481, 15 C.C.C. (2d) 323
British Columbia Supreme Court — Berger J. [in Chambers] | November 1, 1973

Background

Pederson was charged with impaired driving. The Crown wanted to introduce a certificate of analysis (breathalyzer results) as evidence under section 237(1)(d) of the Criminal Code. A police constable had given Pederson a document, telling him it was a copy of the certificate of analysis. But there was a problem: the constable admitted he never compared the copy with the original certificate before handing it over.

The trial judge (Jorre de St. Jorre Prov. J.) refused to admit the certificate into evidence, finding that the constable couldn't say he had served Pederson with a true copy. Without the certificate, the Crown's case fell apart and Pederson was acquitted. The Crown appealed, arguing the judge had erred in law by refusing to admit the certificate.

Issues

1. What does "a copy of the certificate" mean under section 237(5) of the Criminal Code?
2. Must the Crown prove that the copy given to the accused is accurate and true to the original?

The Copy Requirement

Justice Berger upheld the trial judge's decision, explaining that section 237(5) exists for more than just giving notice to the accused. The purpose is "to enable an accused to know the case he has to meet and to give him an opportunity to meet it." If an accused person gets an inaccurate copy, they can't properly prepare their defence or decide whether to cross-examine the analyst.

The court emphasized that proving accuracy isn't difficult. If the officer photocopied the certificate himself, he can say so. If it's a carbon copy from typing, he can testify to that. But if he didn't create the copy himself, "he should compare the copy with the original certificate, so that he will know, and so that he can say, that the copy he handed to the accused is accurate."

While it might be enough for an officer to simply testify that he handed over "a copy" (creating prima facie evidence of accuracy), the Crown must be prepared to prove the copy's accuracy if challenged by the defence.

Key Takeaway

The Crown must provide a true and accurate copy of any certificate they plan to use as evidence — not just any piece of paper labeled as a "copy."

If you're facing charges involving certificates (like breathalyzer results), examine the copy you received carefully and question whether the officer who served it can actually vouch for its accuracy compared to the original.