Supreme Court of Canada

Perry v. The Queen, [1980] 1 S.C.R. 1104

Date: 1980-06-11

Dale Perry Appellant;

and

Her Majesty The Queen Respondent.

1980: June 11.

Present: Martland, Ritchie, Beetz, Estey, McIntyre, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA

Criminal law—Driving with more than 80 mgs of alcohol in blood—Breathalyzer—Meaning of “with an interval of at least fifteen minutes between the time when the samples were taken”—Criminal Code, R.S.C. 1970, c. C-34, as am. by 1974-75-76 (Can.), c. 93, ss. 236, 237(1)(c)(ii).

APPEAL from a judgment of the Court of Appeal of British Columbia[1] dismissing an appeal from a judgment of Bouck J. of the Supreme Court setting aside by way of stated case an acquittal of the appellant on a charge under s. 236 of the Criminal Code. Appeal dismissed.

Arthur Ellis Vertlieb and D.G. Jones, for the appellant.

Jessie M. MacNeil, for the respondent.

The judgment of the Court was delivered orally by

MARTLAND J.—We are all in agreement with the reasons for judgment delivered by Taggart J.A., in the Court of Appeal. The appeal is dismissed.

Appeal dismissed.

Solicitors for the appellant: Twining, Vertlieb & Company, Vancouver.

Solicitor for the respondent: The Regional Crown Counsel, Vancouver.