Proof of Bodily Substance in Condition Breach Prosecution
| This page was last substantively updated or reviewed January 2019. (Rev. # 95829) |
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General Principles
- Proof of certificate of analyst
729 (1) In
- (a) a prosecution for failure to comply with a condition in a probation order that the accused not have in possession or use drugs, or
- (b) a hearing to determine whether the offender breached a condition of a conditional sentence order that the offender not have in possession or use drugs,
a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined a substance and stating the result of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.
- Definition of analyst
(2) In this section, analyst means a person designated as an analyst under the Controlled Drugs and Substances Act or the Cannabis Act.
- Notice of intention to produce certificate
(3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.
(4) and (5) [Repealed, 2008, c. 18, s. 36]
- Requiring attendance of analyst
(6) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.
R.S., 1985, c. C-46, s. 729; 1995, c. 22, s. 6; 1999, c. 31, s. 69; 2004, c. 12, s. 11(E); 2008, c. 18, s. 36; 2018, c. 16, s. 221.
- Proof of certificate of analyst — bodily substance
729.1 (1) In a prosecution for failure to comply with a condition in a probation order that the accused not consume drugs, alcohol or any other intoxicating substance, or in a hearing to determine whether the offender breached such a condition of a conditional sentence order, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.
- Definition of analyst
(2) In this section, analyst has the same meaning as in section 320.11 [offences relating to conveyances – definitions].
- Notice of intention to produce certificate
(3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.
- Requiring attendance of analyst
(4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.
2011, c. 7, s. 2; 2018, c. 21, s. 23.
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