84Evidence of analyst

84 Evidence of analyst

(1) The Minister may appoint a person to be an analyst for the purposes of this Act. (2) Subject to subsection (4), a certificate signed by an analyst appointed under subsection (1) setting out, in relation to a substance or article, one or more of the following: (a) when and from whom the substance or article was received; (b) what labels or other means of identifying the substance or article accompanied it when it was received; (c) what container the substance or article was in when it was received; (d) a description of the substance or article received; (e) that he or she has analysed or examined the substance or article; (f) the date on which the analysis or examination was carried out; (g) the method used in conducting the analysis or examination; (h) the results of the analysis or examination; is, in any proceedings for an offence against this Act or the regulations, prima facie evidence of the matters in the certificate and the correctness of the results of the analysis or examination. (3) For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) must, unless the contrary is established, be taken to be such a certificate and to have been duly given. (4) A certificate must not be received in evidence under subsection (2) in a proceeding for an offence unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceeding. (5) If, under subsection (2), a certificate of an analyst is admitted in evidence in a proceeding for an offence against this Act or the regulations: (a) the person charged with the offence may require the analyst to be called as a witness for the prosecution; and (b) the analyst may be cross‑examined as if he or she had given evidence of the matters stated in the certificate. (6) Subsection (5) does not entitle a person to require an analyst to be called as a witness for the prosecution unless: (a) the prosecutor has been given at least 5 days notice of the person’s intention to require the analyst to be so called; or (b) the Court, by order, allows the person to require the analyst to be so called.