R. v. Bernier, (1977) 31 N.B.R.(2d) 476 (PC)

• Judge: Tomlinson, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: March 30, 1977
• Jurisdiction: New Brunswick
• Citations: (1977), 31 N.B.R.(2d) 476 (PC)

R. v. Bernier (1977), 31 N.B.R.(2d) 476 (PC);

    31 R.N.-B.(2e) 476; 75 A.P.R. 476

MLB headnote and full text

Sommaire et texte intégral

R. v. Bernier

Indexed As: R. v. Bernier

Répertorié: R. v. Bernier

New Brunswick Provincial Court

Tomlinson, P.C.J.

March 30, 1977.

Summary:

Résumé:

This headnote contains no summary.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificate evidence of results of analysis of breath samples - The accused was charged with driving after consuming an excessive amount of alcohol contrary to s. 236 of the Criminal Code - The accused was served with a certificate which stated that breathalyzer samples were taken at "16H15 and 16H34" - (See appendices A and B at the end of judgment) - The accused argued that he was prejudiced because he did not understand the breathalyzer test times designated in the certificate - The New Brunswick Provincial Court convicted the accused and held that stating breathalyzer test times in solar rather than civil time was not prejudicial to the accused - See paragraphs 14 to 17.

EVidence - Topic 2275

Special modes of proof - Judicial notice - Particular matters - Time - The New Brunswick Provincial Court held that judicial notice can be taken of notorious facts such as designation of time using the solar time system - See paragraph 16.

TIme - Topic 400

Divisions and standards - General - The New Brunswick Provincial Court discussed the designation of time in civil and solar systems and the establishment of time zones using Greenwich, England, as the basic meridian.

Counsel:

Roland Levesque, for the Crown;

George Perusse, for the accused.

This case was heard by TOMLINSON, P.C.J., of the New Brunswick Provincial Court.

On March 30, 1977, TOMLINSON, P.C.J., delivered the following judgment: