SECTION 258(7) - NOTICE OF INTENTION TO PRODUCE CERTIFICATE - SIX YEAR OLD OFFENCES CONCLUDED
Saturday, May 13, 2017 at 9:20PM Mr. Schofield was charged with impaired driving, exceed .08 and drive while disqualified in May 2011. He was convicted of the drive while disqualified but acquitted of the other two charges after a trial in 2013. The Crown’s appeal was allowed and the acquittals were over turned and a new trial ordered in 2015 (see February 22, 2015 blog entry). At the end of his second trial in 2015 he was acquitted, again, because the Court held he was not provided with reasonable notice of the Crown’s intention to introduce the Certificate of Analyses as required by section 258(7). The Crown’s appeal of that ruling was allowed, the Court set aside the acquittal, substituted a conviction for the exceed .08 count and remitted the matter to the Provincial Court for the purpose of sentencing. The following principles of law were listed:
Notice to his counsel is notice to Mr. Schofield; that no particular method of giving notice under s. 258(7) is required; that the tendering of a certificate at a preliminary inquiry meets the notice requirements; that the purpose of notice was to ensure Mr. Schofield knew the case he had to meet and was in a position to properly prepare his defence; that a second notice is not required for a second trial and that there was no prejudice to Mr. Schofield. R. v. Schofield, 2017 NSCA 30