What is the test for a breath certificate excluded from a defendant’s test for impaired driving?
British Columbia, Canada
The following excerpt is from R. v. Christianson, 2003 BCSC 1824 (CanLII):
The appellant argues that “affected” is not synonymous with “impaired” and that the statutorily required standard is “impaired”. This is a distinction recognized in R v. Baines, [2002] B.C.J. No. 3077 (Prov. Ct.). In Baines, a breath certificate was excluded on the basis that the police officer’s notes reflected an opinion that the accused’s ability had been affected, rather than impaired, by the consumption of alcohol.
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