Is the Report inadmissible for the purpose of a review hearing?

As previously noted, the Report is lacking in information regarding the technical and procedural aspects of the breath analysis in this case. The chart in which the officer is to provide details of the Test Particulars was left blank. While it is unclear why this section was not filled in, the fact of its incompleteness did not render the Report inadmissible for the purpose of the review hearing. In McLachlin v. British Columbia (Superintendent of Motor Vehicles), 2005 BCSC 230, Joyce J. held, at para. 32, that “an adjudicator can proceed with a hearing despite imperfect compliance by the police officer where the document that is not provided has no bearing on the decision to be made by the adjudicator.” In that case, the police officer who served the prohibition failed to submit page 2 of the Report to the Superintendent entirely.