Background
Anthony Graat was pulled over by London, Ontario police. To the officers he appeared intoxicated and so was arrested for impaired driving. At the scene of the arrest Graat complained of chest pains and so was taken to the hospital. Due to the stop at the hospital the two hour limit in which to get a breathalyzer test expired. At trial the only evidence the Crown could lead with was the testimony of the police officers. The defence tried to have the evidence excluded as opinion evidence.
Graat (1982) Supreme Court found: The witnesses all had an opportunity for personal observations. They were not deciding a matter for the court to decide as the weight of the evidence is entirely a matter for the judge who could accept all or part or none of their evidence.
Read more about this topic: Graat V. The Queen
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