R. v. Green, (1986) 75 N.S.R.(2d) 18 (ProvCt)

• Judge: Curran, J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: September 12, 1986
• Jurisdiction: Nova Scotia
• Citations: (1986), 75 N.S.R.(2d) 18 (ProvCt)

R. v. Green (1986), 75 N.S.R.(2d) 18 (ProvCt);

              186 A.P.R. 18

MLB headnote and full text

R. v. Green

Indexed As: R. v. Green

Nova Scotia Provincial Court

Curran, J.

September 12, 1986.

Summary:

The accused was charged with having care and control of a motor vehicle having consumed alcohol contrary to s. 237(b) of the Criminal Code of Canada. The accused stated that after the accident, while waiting for the police, he had a drink of liquor from a bottle in his vehicle.

The Nova Scotia Provincial Court, convicted the accused.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificate evidence - Designation of qualified technician - An accused was charged with having care and control of a motor vehicle having consumed alcohol contrary to s. 237(b) of the Criminal Code - The accused argued that the police officer operating the breathalyzer machine was not properly designated by the Attorney General pursuant to s. 238(1) of the Code - The Nova Scotia Provincial Court convicted the accused - The court stated that the Criminal Code prescribes no formalities for designation by the Attorney General - The court stated that applying common sense a reasonable person would conclude that the designation by the Attorney General qualified the police officer as a breathalyzer technician under the Code - See paragraphs 10 to 18.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificate evidence - Evidence to the contrary - An accused was charged with having care and control of a motor vehicle having consumed alcohol contrary to s. 237(b) of the Criminal Code - The accused argued that the breathalyzer readings were not accurate because he drank some liquor between the time of the accident and the arrival of the police - The Nova Scotia Provincial Court convicted the accused - The court stated that evidence to the contrary is evidence showing that an accused's blood alcohol level was within the legal limits at the time he had care and control of the motor vehicle - The court stated that evidence that an accused consumed alcohol prior to the test raising his blood alcohol level by an unspecified proportion is not evidence to the contrary - See paragraphs 21 to 30.

Cases Noticed:

R. v. Moreau, [1979] 1 S.C.R. 261; 23 N.R. 541; 42 C.C.C.(2d) 525; 89 D.L.R.(3d) 449, appld. [para. 22].

R. v. Crosthwait, [1980] 1 S.C.R. 1089; 31 N.R. 603; 25 Nfld. & P.E.I. R. 509; 68 A.P.R. 509; 52 C.C.C.(2d) 129; 111 D.L.R.(3d) 431, appld. [para. 23].

R. v. Yonkheyn (1982), 18 M.V.R. 308; 30 C.R.(3d) 27 (Ont. Co. Ct.), consd. [para. 25].

R. v. Young (1979), 30 N.S.R.(2d) 381; 49 A.P.R. 381 (N.S.C.A.), consd. [para. 26].

R. v. Yeadon (1984), 66 N.S.R.(2d) 117; 152 A.P.R. 117 (N.S.C.A.), consd. [para. 27].

R. v. Kizan (1981), 58 C.C.C.(2d) 444 (B.C.C.A.), not folld. [para. 28].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 237(b) [paras. 1, 28]; sect. 238(1) [paras. 9, 10, 11, 16, 17].

Interpretation Act, R.S.C. 1970, c. I-23, sect. 7 [para. 11]; sect. 36 [para. 19].

Counsel:

Anthony W. Brown, for the Crown;

David F. Walker, for the defendant.

This case was heard at Liverpool, Nova Scotia, before Curran, J., of the Nova Scotia Provincial Court, who delivered the following oral judgment on September 12, 1986: