CERTIFICATE - SERVICE OF CERTIFICATE PROVEN BY RELYING ON "STANDARD PRACTICE"
Sunday, January 25, 2015 at 7:08PM The sole issue raised in Mr. Vanberg's appeal of his .08 conviction was whether he had been served with the certificate of analysis prior to trial. The constable testified that she served the applicant with a bundle of documents that (by standard practice) included the certificate. Mr. Vanberg's appeal was dismissed:
The trial judge is required to find whether the Crown had proven that fact, and did not have to delve into nuanced distinctions about why the police constable was of that view. The proposed difference between a standard practice of serving a bundle of documents containing a particular document, and serving the particular document, is not a necessary step in the analysis. There was no evidence from the defence that the certificate was not served. R. v. Vanberg, 2014 ABCA 449