Justice committee  In the context of a trial, of course, the Crown bears the burden at all times of proving everything. The certificate is a great assistance to the Crown. Very often, perhaps more often now if this gets through, it saves us from having to call the analyst and go through every step.

Justice committee  I really like that expression, “based on the reality”.

Justice committee  Do you want Mr. Moore to explain it?

Justice committee  Mr. Chairman, in some situations, we can identify a mistake, for example, the device's temperature was supposed to be 34°C, but it was 39.9°C. When we ask the toxicologist what effect this might have the result and he or she says more or less 2%, if the result indicated 160 mg,

Justice committee  As I said, 34°C, is the instrument's temperature, not the body temperature. To be sure that the instrument is operating correctly, it should be at 34°C just before the test is done. However, at 39.9°C, it's close enough to give you the percentage.

Justice committee  It could be the breathalyzer, yes.

Justice committee  We are talking here about the certificate and alcohol level, so not drug recognition expert tests. We are only talking about—

Justice committee  —breathalyzers, yes.

Justice committee  If such a change is proven, it would have to have sufficiently skewed the results so that the individual is at less than 80 mg, and not just be a minor change which would mean that the individual is still at 80 mg.

Justice committee  If I may, Mr. Chairman, I would like to add something.

Justice committee  I must tell you that it was the provincial prosecutors, who obviously studied in detail what we are proposing, who drew our attention to this flaw in the legislation. It was not defence lawyers who came to tell us.

Justice committee  Obviously this comes from the Department of Justice, upon consultation with the provinces regarding the current wording.

Justice committee  No, not necessarily. Perhaps we are establishing that I drank five glasses of alcohol in the 15 minutes preceding my departure from the bar. I was told that I had to immediately return to Parliament on vote on something when I had three beers in front of me, and I decided to drin

Justice committee  You could get a toxicologist to testify, but he or she will have to start with the blood alcohol level that was established by the certificate, if there was no problem with the device, in other words if there were no errors. He or she will have to start with the fact that you wer

Justice committee  This evidence could be admitted, but Ms. Brunelle would not testify that your blood alcohol concentration was lower than 0.08. I suppose that you would agree on her testimony with regard to how much you had drunk, but a toxicologist would have to do the calculation based on your