What is the test for a notice respecting certificate evidence?
Ontario, Canada
The following excerpt is from R. v. Quirt, 2006 CanLII 13775 (ON SC):
In R v. Dillon[1], Hill J. stated that the reasonableness of the notice respecting certificate evidence must be assessed in light of the purposes of the notice. He listed the following purposes for consideration: (1) to enable the accused person to know precisely the nature of the case against him or her thereby providing an adequate opportunity to make full answer and defence; (2) the notice must be precise and accurate and reasonably certain so that an accused person is alerted with certainty as to the procedure to be invoked; (3) to permit adequate deliberation time as to whether an application to the court ought to be made for an order requiring attendance of the analyst for the purpose of cross-examination; (4) simplifying the production of evidence; and (5) reducing the time and cost of criminal prosecutions.
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