( ii) completion of at least eight hours of recertification training
since the last certification; and
( iii) presentation of an updated CV and rolling log for review by
the appropriate DRE coordinator.
The governing principles
 Two brief points of principle inform the decision on this
ground. The first has to do with what qualifies a DRE to give
expert opinion evidence and defines the scope of that expertise.
The second relates to the requirements for recertification.
 First, the expertise of a DRE for the purpose of applying
the 12-step evaluation and determining whether that evaluation
indicates drug impairment for the purposes of s. 254(3.1) of the
Criminal Code has been conclusively and irrebuttably established
by Parliament: Bingley, at para. 27. Once certified as a DRE, the
candidate becomes an “evaluating officer” within s. 254(1) of the
Criminal Code for the purpose of the 12-step evaluation and the
inferences of drug impairment arising from it.
 Second, the verification rate and the requirements for
 To obtain certification as a DRE, a candidate must have
75 per cent of his or her conclusions about the category of drugs
present be confirmed by toxicological testing. There is no such
requirement for recertification.
The principles applied
[ 145] As I will briefly explain, I am satisfied that the motion
judge erred in connection with both issues raised by the appellants.
[ 146] A two-stage process governs the admissibility of expert
opinion evidence in criminal proceedings. Among the requirements at the first stage is that the witness who is tendered to give
the evidence must be a qualified expert. In the usual course, the
qualifications of the witness to give opinion evidence as an expert are
established by evidence given on a voir dire before the trial judge.
[ 147] Parliament has relieved the prosecutor of the obligation
of demonstrating the qualification of the DRE on a voir dire. It
has done so by conclusively and irrebuttably establishing the
expertise. A DRE is an expert. Not because a DRE creates and
maintains a rolling log, but because a DRE is a DRE.
[ 148] To obtain certification as a DRE, among other things,
a candidate’s drug impairment evaluations must be verified at
least 75 per cent of the time by toxicological testing. Certification
lasts for two years. A DRE may be recertified by meeting IACP
standards for recertification. The standards do not require that