R. v. Nelson (C.W.), (1987) 77 N.B.R.(2d) 348 (PC)

• Judge: Rice, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: January 12, 1987
• Jurisdiction: New Brunswick
• Citations: (1987), 77 N.B.R.(2d) 348 (PC)

R. v. Nelson (C.W.) (1987), 77 N.B.R.(2d) 348 (PC);

    77 R.N.-B.(2e) 348; 195 A.P.R. 348

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[French language version follows English language version]

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

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R. v. Cecil William Nelson

Indexed As: R. v. Nelson (C.W.)

Répertorié: R. v. Nelson (C.W.)

New Brunswick Provincial Court

Rice, P.C.J.

January 12, 1987.

Summary:

Résumé:

The accused was charged with driving a motor vehicle while having an excessive blood-alcohol content, contrary to s. 237(b) of the Criminal Code.

The New Brunswick Provincial Court rejected the accused's defence and entered a conviction.

Courts - Topic 557

Judges - Powers - To conduct independent research - An accused charged under s. 237(b) of the Criminal Code proposed a novel defence concerning the effect of chemicals in the workplace on his blood-alcohol reading as determined through breath tests - The New Brunswick Provincial Court, in the absence of judicial decisions on the subject, did its own research by perusing articles of studies in other jurisdictions - See paragraph 16.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Evidence - Certificate evidence - Evidence to the contrary - An accused was charged with driving while having an excessive blood-alcohol content - The accused's defence was that the inhalation by the accused of solvent chemicals in the workplace produced excessive blood-alcohol readings as determined by a breathalyzer - The New Brunswick Provincial Court, considering the other independent evidence of impairment, rejected the defence and convicted the accused - See paragraphs 26 to 30.

Authors and Works Noticed:

Toftgard and Gustafsson, Biotransformation of Organic Solvents (1979) [para. 18].

Intoxilyzer Interference by Solvents (1986), 10 Journal of Analytical Toxicology 125 [para. 19].

Oliver and Garriott, The Effects of Acetone and Toluene on Breathalyzer Results (1979), 3 Journal of Analytical Toxicology 99 [para. 19].

Counsel:

Randi DiPaolo, for the Crown;

Joel Hansen, for the defense.

This case was heard before Rice, P.C.J., of the New Brunswick Provincial Court, County of Charlotte, whose decision was delivered at St. Stephen, N.B., on January 12, 1987.