As worded, this motion would require that the certificate be prepared and filed.... If, for example, the breath technician were called to give live evidence--viva voce evidence--there's nothing in this amendment that contemplates that situation. Also, the amendment sets out that this is mandatory; otherwise, the breath tests are thrown out and wouldn't even be admissible in evidence. You wouldn't get to that point unless you have the certificate, even if the technician were available to speak viva voce in court. Those are considerations that are of some concern.
Also, the idea of manufacturers' guidelines is a concern. The alcohol test committee of the Canadian Society of Forensic Science, as I understand, has taken a position that these are guidelines. These are best practices that police officers, qualified technicians, would be well advised to follow. If they had followed them in the Quebec case, they wouldn't be in court.
However, the question still arises that the science may be valid and the result may be valid depending on what aspect was not followed in the guidelines set out by the alcohol test committee, or even a manufacturer, for that matter. I imagine that's why they're taking so long in court--25 days--to settle and argue as to whether the particular guidelines that weren't followed were somehow fatal to the science or the reading.
It may well be that they have scientists who appear on both sides. The scientists who uphold the reading will probably say that even though the guidelines weren't completely followed, it's not necessary to follow that particular guideline exactly to get an accurate result. They would have been well advised to do it. We wouldn't be in court if they had.