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R. v. Losier, 2011 NBCA 102
This application for leave to appeal involves the decision of a judge of the Court of Queen's Bench to confirm the respondent's acquittal on two charges, one of operating a motor vehicle while his blood alcohol level exceeded the legal limit (s. 253(1)(b) of the Criminal Code), the other of operating a vehicle while his ability to do so was impaired by alcohol (s. 253(1)(a)): 2011 NBQB 177, [2011] N.B.J. No. 240 (QL). These acquittals were entered following the exclusion, pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms, of a qualified technician's certificate purporting to establish the blood alcohol level in question.

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