What is the test for establishing that a radar operator is qualified to operate?

British Columbia, Canada


The following excerpt is from R. v. Khadikin, 1999 CanLII 5234 (BC SC):

The appellant also referred to Ville de Bai-Comeau v. Yves D'Astous (1992) 9 M.V.R. (3d) 189. There the court found: A trial judge may take judicial notice of radar as a device for measuring speed. However, the prosecution is required to establish the accuracy of the particular instrument used in each case. The demonstration that the operator is qualified, that his device was tested before and after its use, and that the test showed that the instrument was accurate establishes prima facie evidence of accuracy. In this case, the element of verification was missing: the device was not tested after it was used. In the absence of complete evidence, the acquittal of the accused had to be upheld. [from the headnote] [emphasis added]

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