R. v. Chiasson (M.), (2014) 416 N.B.R.(2d) 134 (TD)

• Judge: Léger, J.
• Case Date: December 09, 2013
• Jurisdiction: New Brunswick
• Citations: (2014), 416 N.B.R.(2d) 134 (TD);2014 NBQB 4

R. v. Chiasson (M.) (2014), 416 N.B.R.(2d) 134 (TD);

    416 R.N.-B.(2e) 134; 1079 A.P.R. 134

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2014] N.B.R.(2d) TBEd. JA.038

Renvoi temp.: [2014] N.B.R.(2d) TBEd. JA.038

Her Majesty the Queen (appellant) v. Manon Chiasson (respondent)

(BCA/3/2013; 2014 NBQB 4; 2014 NBBR 4)

Indexed As: R. v. Chiasson (M.)

Répertorié: R. v. Chiasson (M.)

New Brunswick Court of Queen's

Trial Division

Judicial District of Bathurst

Léger, J.

January 7, 2014.

Summary:

Résumé:

The accused was charged with driving while having an excessive blood-alcohol level.

The New Brunswick Provincial Court, in a decision not reported in this series of reports, acquitted the accused. The Crown appealed.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the appeal. The verdict of acquittal was quashed and replaced with a guilty verdict.

Criminal Law - Topic 1374

Offences against person and reputation - Motor vehicles - Impaired driving - Breathalyzer or blood sample - Evidence and certificate evidence (incl. evidence tending to show) - The Royal Gazette of New Brunswick provided a list of qualified breath analysis technicians - Raymond Gautreau performed the accused's breath analysis - The accused was charged with driving while having an excessive blood-alcohol level - At trial, she introduced evidence that the Royal Gazette listed a "Ray Gautreau" as a qualified technician - The trial judge found that there was a reasonable doubt about Raymond Gautreau's designation as a qualified technician and that, therefore, the certificate of analyses was inadmissible in evidence - The accused was acquitted - On the Crown's appeal, the accused conceded that the trial judge had erred in law in finding the certificate to be inadmissible, but asserted that its probative force remained in question as a reasonable doubt remained as to Gautreau's designation - The New Brunswick Court of Queen's Bench, Trial Division, allowed the appeal - Where the validity of a qualified technician's designation was challenged, the evidence adduced had to raise more than the "mere possibility" that the designation was invalid - The most that the evidence adduced here allowed was "conjecture" as to the validity of Gautreau's designation - The certificate ought to have been admitted - Its probative force was in no way diminished - The verdict of acquittal was quashed and replaced with a guilty verdict as the Crown had proven all of the essential

elements of the offence.

Droit criminel - Cote 1374

Infractions contre la personne et la réputation - Véhicules à moteur - Capacité de conduite affaiblie - Échantillon d'haleine ou de sang - Preuve et preuve par certificat (y compris preuve tendant à démontrer) - [Voir Criminal Law - Topic 1374 ].

Cases Noticed:

R. v. Lord (E.K.) (2013), 408 N.B.R.(2d) 220; 1058 A.P.R. 220 (C.A.), refd to. [para. 10].

R. v. Cleveland (1986), 49 Sask.R. 96 (Q.B.), refd to. [para. 14].

Counsel:

Avocats:

Marc A. Bourgeois, for the appellant;

Marc R. Guignard, for the respondent.

This appeal was heard on December 9, 2013, by Léger, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Bathurst, who delivered the following decision in both official languages on January 7, 2014.