Case information
Consult our database for details on a Supreme Court of Canada case.
39809
Her Majesty the Queen v. Angel Arsenio Goldson
(Alberta) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-03-04 | Close file on Leave | |
| 2022-02-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-02-17 | Judgment on leave sent to the parties | |
| 2022-02-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1903-0226A, 2021 ABCA 193, dated May 21, 2021 is dismissed. Dismissed |
|
| 2022-01-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-09-23 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 09/23/21 | |
| 2021-09-17 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-09-24) | Angel Arsenio Goldson |
| 2021-09-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-09-23, (Printed version filed on 2021-09-17) | Angel Arsenio Goldson |
| 2021-08-19 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-08-26) | Her Majesty the Queen |
| 2021-08-19 | Application for leave to appeal, (Book Form), Missing: TC Order, Completed on: 2022-01-14, (Printed version filed on 2021-08-19) | Her Majesty the Queen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Arsenio Goldson, Angel | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Appeals Unit, Justice and Solicitor General
3rd Floor, 9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: jason.russell@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Arsenio Goldson, Angel
Counsel
100 - 224 11th Avenue S.W.
Calgary, Alberta
T2R 0C3
Telephone: (403) 233-9239
FAX: (403) 263-9239
Email: kbeyak@roadlawyers.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Criminal law — Evidence — Breath samples — Does s. 320.31(1)(a) of the Criminal Code require evidence from the designated analyst that the alcohol standard used in an accused’s breath testing was certified by the designated analyst or can the qualified technician provide evidence to establish that the alcohol standard was certified?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
A qualified technician taking breath samples of a person suspected of impaired driving must conduct a calibration check of the instrument used for the sampling and the result must be within 10% of the target value of an alcohol standard certified by an analyst. At Mr. Goldson’s trial on charges of impaired driving and driving with blood alcohol content beyond the legal limit, Crown counsel did not tender an alcohol standard analyst’s certificate or viva voce evidence to prove the alcohol standard used when his breath was sampled. Mr. Goldson was acquitted. On summary conviction appeal, he was convicted of driving with blood alcohol content beyond the legal limit. The Court of Appeal allowed an appeal and entered an acquittal.
Lower court rulings
Court of Queen’s Bench of Alberta
180605859S1, 2019 ABQB 609
Summary conviction appeal allowed, conviction for driving with blood alcohol content beyond the legal limit
Court of Appeal of Alberta (Edmonton)
1903-0226A, 2021 ABCA 193
Appeal allowed, acquittal entered
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available