R. v. Manaigre (T.), (2015) 322 Man.R.(2d) 248 (PC)

• Judge: Devine, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: December 04, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 322 Man.R.(2d) 248 (PC);2015 MBPC 56

R. v. Manaigre (T.) (2015), 322 Man.R.(2d) 248 (PC)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. DE.016

Her Majesty The Queen v. Tyler Manaigre (accused)

(2015 MBPC 56)

Indexed As: R. v. Manaigre (T.)

Manitoba Provincial Court

Devine, P.C.J.

December 4, 2015.

Summary:

The accused was charged with driving while impaired by drugs (marijuana).

The Manitoba Provincial Court found the accused not guilty.

Criminal Law - Topic 1362

Motor vehicles - Impaired driving - Evidence and proof - A police officer pulled over Manaigre's vehicle after observing it travelling 80 km/h in a 100 km/h zone - No other driving irregularities were observed - Manaigre admitted that he had consumed less than half a gram of marijuana between 49 and 80 minutes earlier - The officer conducted a drug evaluation pursuant to s. 254(3.1) of the Criminal Code and concluded that Manaigre had not performed well - Manaigre was charged with driving while impaired by drugs - The Manitoba Provincial Court found Manaigre not guilty - Manaigre drove normally, behaved normally and demonstrated no appreciable indicia of marijuana impairment except for some issues during the drug evaluation - However, the drug evaluation evidence was equivocal at best because certain physical responses were indicative of marijuana use and not impairment (i.e., they were not dose-dependent) - Further, although the drug evaluation tests were standardized and used across Canada and the United States, it was unknown how performance on the tests was correlative of impairment.

Criminal Law - Topic 1363

Motor vehicles - Impaired driving - Meaning of impairment "by alcohol or a drug" - [See Criminal Law - Topic 1362 ].

Criminal Law - Topic 1386.7

Motor vehicles - Impaired driving - Drug evaluation - [See Criminal Law - Topic 1362 ].

Cases Noticed:

R. v. Landes (T.) (1997), 161 Sask.R. 305 (Q.B.), refd to. [para. 2].

R. v. Gilbret (G.) (2015), 470 Sask.R. 102; 2015 SKPC 37, refd to. [para. 2].

R. v. Stellato (T.) (1993), 61 O.A.C. 217 (C.A.), affd. (1994), 168 N.R. 190; 72 O.A.C. 140 (S.C.C.), refd to. [para. 3].

R. v. Bois, [2010] O.J. No. 3945 (C.J.), refd to. [para. 63].

R. v. Jansen, [2010] O.J. No. 959 (C.J.), refd to. [para. 63].

R. v. Kuzian, [2012] O.J. No. 6049 (C.J.), refd to. [para. 63].

R. v. Bingley (C.) (2015), 335 O.A.C. 328; 2015 ONCA 439, dist. [para. 63].

R. v. Wyryha (P.J.) (2010), 252 Man.R.(2d) 190; 2010 MBPC 17, refd to. [para. 71].

R. v. Huddle (1989), 102 A.R. 144; 1989 ABCA 318, refd to. [para. 76].

Counsel:

Joel Myskiw and Kristee Logan, for the Crown;

Michael Dyck, for the accused.

This matter was heard before Devine, P.C.J., of the Manitoba Provincial Court, who delivered the following reasons for decision on December 4, 2015.