NOTICE OF INTENTION - CONVICTION RESTORED
Saturday, May 9, 2020 at 2:12PM Mr. Sirman was convicted of exceed .08 after a trial. His appeal, based on a notice of intention issue, was allowed and an acquittal was entered. But his conviction was restored by the Alberta Court of Appeal: The real test is that the notice must be reasonable in time and substance and must not be misleading, confusing or otherwise prejudicial. It must clearly and precisely bring home to the accused that the certificate may be used in relation to a charge arising from the incident. No particular form of notice is required. R. v. Sirman, 2020 ABCA 174
Interesting that Notice was an issue at all, as this was his second trial. The offence date was in September 2016. One wonders how he could not have known about the Crown's intention to produce the Certificate of a Qualified Technician.