R. v. Dubois (G.), (2001) 190 N.S.R.(2d) 190 (ProvCt)

• Judge: Ross, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: January 24, 2001
• Jurisdiction: Nova Scotia
• Citations: (2001), 190 N.S.R.(2d) 190 (ProvCt)

R. v. Dubois (G.) (2001), 190 N.S.R.(2d) 190 (ProvCt);

 594 A.P.R. 190

MLB headnote and full text

Temp. Cite: [2001] N.S.R(2d) TBEd. JA.048

Her Majesty the Queen v. Gregory Dubois

Indexed As: R. v. Dubois (G.)

Nova Scotia Provincial Court

Ross, P.C.J.

January 24, 2001.

Summary:

The accused was charged with driving with an excessive blood-alcohol level (Criminal Code, s. 253(b)). The basis for making the breathalyzer demand was a "fail" reading on a roadside screening device (RSD). There was no evidence as to the particular make and model of the RSD.

The Nova Scotia Provincial Court held, inter alia, that the make of the RSD device, and whether it was on the list of approved instruments, was not an element of a s. 253(b) offence. There was no onus or obli­gation on the Crown, in proving a s. 253(b) case, to put into evidence the particular make and model of the roadside screening device which was utilized to determine the presence of alcohol in the accused's body and thus to supply grounds for a breathalyzer demand and the procuring of evidence of blood-alcohol levels.

Criminal Law - Topic 1372

Offences against person and reputation - Motor vehicles - Impaired driving - Breathalyzer - Demand - Reasonable grounds - The Nova Scotia Provincial Court held, inter alia, that the make or model of a roadside screening device (RSD) device, and whether it was on the list of approved instruments, was not an element of the offence of driving with an excessive blood-alcohol level (Criminal Code, s. 253(b)) - There was no onus or obligation on the Crown, in proving a s. 253(b) case, to put into evidence the par­ticular make and model of the RSD which was utilized to determine the presence of alcohol in the accused's body and thus to supply grounds for a breathalyzer demand and the procuring of evidence of blood-alcohol levels.

Criminal Law - Topic 1374

Offences against person and reputation - Motor vehicles - Impaired driving - Breathalyzer - Evidence - [See Criminal Law - Topic 1372 ].

Criminal Law - Topic 1385

Offences against person and reputation - Motor vehicles - Impaired driving - Road­side screening test - General - [See Crimi­nal Law - Topic 1372 ].

Criminal Law - Topic 1386.4

Offences against person and reputation - Motor vehicles - Impaired driving - Road­side screening test - Evidence and proof - [See Criminal Law - Topic 1372 ].

Cases Noticed:

R. v. Lebrun (S.R.) (1999), 178 N.S.R.(2d) 388; 549 A.P.R. 388 (S.C.), dist. [para. 4].

R. v. Rilling, [1976] 2 S.C.R. 183; 5 N.R. 327; 24 C.C.C.(2d) 81, refd to. [para. 10].

Counsel:

Doug Lloy, for the prosecution;

Joe Rizzetto, for the defence.

This matter was heard at Sydney, N.S., before Ross, P.C.J., of the Nova Scotia Provincial Court, who released the following decision on January 24, 2001.