Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Disclosure of information

• 320.34 (1) In proceedings in respect of an offence under section 320.14, the prosecutor shall disclose to the accused, with respect to any samples of breath that the accused provided under section 320.28, information sufficient to determine whether the conditions set out in paragraphs 320.31(1)(a) to (c) have been met, namely:

  • (a) the results of the system blank tests;

  • (b) the results of the system calibration checks;

  • (c) any error or exception messages produced by the approved instrument at the time the samples were taken;

  • (d) the results of the analysis of the accused’s breath samples; and

  • (e) a certificate of an analyst stating that the sample of an alcohol standard that is identified in the certificate is suitable for use with an approved instrument.

• Marginal note:Application for further disclosure

  (2) The accused may apply to the court for a hearing to determine whether further information should be disclosed.

• Marginal note:Form and content of application

  (3) The application shall be in writing and set out detailed particulars of the information that the accused seeks to have disclosed and the likely relevance of that information to determining whether the approved instrument was in proper working order. A copy of the application shall be given to the prosecutor at least 30 days before the day on which the application is to be heard.

• Marginal note:Time of hearing

  (4) The hearing of the application shall be held at least 30 days before the day on which the trial is to be held.

• Marginal note:For greater certainty

  (5) For greater certainty, nothing in this section limits the disclosure to which the accused may otherwise be entitled.