Criminal Code

Marginal note:Proof of certificate of analyst

• 729 (1) In

  • (a) a prosecution for failure to comply with a condition in a probation order that the accused not have in possession or use drugs, or

  • (b) a hearing to determine whether the offender breached a condition of a conditional sentence that the offender not have in possession or use drugs,

  a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined a substance and stating the result of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note:Definition of “analyst”

  (2) In this section, analyst means a person designated as an analyst under the Controlled Drugs and Substances Act.

• Marginal note:Notice of intention to produce certificate

  (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.

• Marginal note:Proof of service

  (4) Service of any certificate referred to in subsection (1) may be proved by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served it.

• Marginal note:Attendance for examination

  (5) Notwithstanding subsection (4), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service.

• Marginal note:Requiring attendance of analyst

  (6) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.