depriving an Accused of the right to full answer and defence by not providing the Accused with the opportunity to hear and evaluate the Crown's evidence through in court testimony and to test the credibility, accuracy and reliability of that evidence through cross-examination.
S.76.1(8) The Lieutenant governor in Council may prescribe a speed monitoring device for the purpose of subsection (2).
S.76.2(2) An enforcement officer may, for the purpose of providing evidence on an offence
by another person under a provision referred to in
complete and sign a certificate in the prescribed form.
S.76.2(4) A person against whom a certificate referred to in subsection (2) is produced may, with leave of the court, require the attendance of the enforcement officer who completed and signed the certificate for purposes of cross-examination.
S.76.1 provides that the owner of a motor vehicle is liable for the contravention of section 151(1) if the evidence of the contravention was gathered through the use of a prescribed speed monitoring device unless the owner establishes that another person was the driver of the car and that he or she exercised reasonable skill and diligence in entrusting the motor vehicle to that person.
R. v. Oakes (1986), 24 C.C.C. (3d) 321 (SCC) at pp. 334 - 335
(See: Certificate of Enforcement Officer Photographic Evidence and the Certificate of Enforcement Officer Qualified Operator; Certificate of I.C.B.C.)
R. v. Halliday (1992) 19 M.V.R. (3d) 7 (Alta. Prov. Ct.)
R. v. Osilin (1993), 86 C.C.C. (3d) 481 at 516 - 518 S.C.C.)
Doug Stead, Representative for
Tri-M Systems Inc.