Law360 Canada ( September 17, 2025, 12:39 PM EDT) -- Appeals by Hepfner and Kim from decisions of the Summary Convictions Appeal Court dismissing appeals from convictions; appeal by Gault from decision of the Summary Convictions Appeal Court allowing appeal from acquittal. All three cases were prosecutions for operating a motor vehicle with a blood alcohol concentration (BAC) of 80 or over. In each case, the Crown tendered evidence from a qualified technician who conducted the blood alcohol test, but not from the analyst who certified the sample of alcohol that was used in the system calibration check. The appeals turned on whether the statutory regime required the Crown to either call the analyst to testify to the veracity of the sample of alcohol used in the system calibration check or tender the certificate of the analyst for the Crown to rely on the BAC test as conclusive proof of the accused’s BAC at the time of operation of the vehicle. The appellants argued that for the Crown to rely on the presumption of accuracy in a BAC reading, it had to adduce direct evidence from an analyst to prove the alcohol standard. That evidence was required because such a reading achieved the intended balance between the constitutional fair trial rights of the accused and trial efficiency. The Crown submitted that the certificate of the qualified technician attesting that a certified alcohol standard was used was sufficient....