R. v. Paquet (A.J.), 2008 NBCA 29

JudgeLarlee, Deschênes and Richard, JJ.A.
CourtCourt of Appeal (New Brunswick)
Case DateJanuary 22, 2008
JurisdictionNew Brunswick
Citations2008 NBCA 29;(2008), 329 N.B.R.(2d) 311 (CA)

R. v. Paquet (A.J.) (2008), 329 N.B.R.(2d) 311 (CA);

    329 R.N.-B.(2e) 311; 844 A.P.R. 311

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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: [2008] N.B.R.(2d) TBEd. MR.054

Renvoi temp.: [2008] N.B.R.(2d) TBEd. MR.054

Allain J. Paquet (appellant) v. Her Majesty the Queen (respondent)

(60/07/CA; 2008 NBCA 29)

Indexed As: R. v. Paquet (A.J.)

Répertorié: R. v. Paquet (A.J.)

New Brunswick Court of Appeal

Larlee, Deschênes and Richard, JJ.A.

March 27, 2008.

Summary:

Résumé:

The accused was charged with driving while having an excessive blood-alcohol level (Criminal Code, s. 253(b)) and obstructing and resisting a peace officer in the execution of his duty (ss. 129(a) and 129(e)).

The New Brunswick Provincial Court, in a decision not reported in this series of reports, found the accused guilty of both charges. The accused appealed.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported at 317 N.B.R.(2d) 272; 819 A.P.R. 272, dismissed the appeal. The accused applied for leave to appeal.

The New Brunswick Court of Appeal granted leave to appeal and dismissed the appeal.

Criminal Law - Topic 1371

Offences against person and reputation - Motor vehicles - Impaired driving - Breathalyzer - General - The accused was convicted of driving while having an excessive blood-alcohol level and obstructing and resisting a peace officer in the execution of his duty - The accused appealed, asserting that s. 1 of the Act Amending the Executive Council Act (2004) abolished the position of Minister of the Solicitor General - The Solicitor General was the Minister who signed designations of qualified technicians under s. 2(a) of the Criminal Code - Consequently, when the designation of the qualified technician was signed in March 2002, only the Attorney General could fulfill that role - The accused asserted that since the Minister of Public Safety signed the designation, it was not valid - The New Brunswick Court of Appeal affirmed the dismissal of the appeal - Section 2(10) of the Act Amending the Executive Council Act (2000) transferred to the Minister of Public Safety every right, power, obligation, function, responsibility or authority that was bestowed upon the Solicitor General - Consequently, the designation signed by the Minister of Public Safety was valid - See paragraphs 3 to 9.

Criminal Law - Topic 1372

Offences against person and reputation - Motor vehicles - Impaired driving - Breathalyzer or blood sample - Demand - Reasonable grounds - The accused was driving his vehicle when he was stopped by a police officer - The officer noticed indicia of impairment, i.e., anxiety, inability to present his driver's licence, strong odour of alcohol on the accused's breath, unwillingness to make eye contact, bizarre and abnormal behaviour, aggressive behaviour and lack of cooperation - He made a breathalyzer demand - The accused alleged that he thought that the officer wanted him to drive to the police station to take the breathalyzer tests - He drove away - A chase ensued - The accused was apprehended - He ultimately gave two breath samples, which resulted in readings of .180 - The accused was convicted of driving while having an excessive blood-alcohol level and obstructing and resisting a peace officer in the execution of his duty - The accused appealed, asserting that the trial judge erred in determining that the officer had reasonable grounds to believe that the accused was committing an offence and to make a breathalyzer demand - The New Brunswick Court of Appeal affirmed the dismissal of the appeal - The trial judge's conclusions with respect to the reasonable grounds were reasonable and justified by the evidence - See paragraph 2.

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 accused was driving his vehicle when he was stopped by a police officer - The officer noticed indicia of impairment and made a breathalyzer demand - The accused alleged that he thought that the officer wanted him to drive to the police station to take the breathalyzer tests - He drove away - A chase ensued - The accused was apprehended - He ultimately gave two breath samples, which resulted in readings of .180 - The accused was convicted of driving while having an excessive blood-alcohol level and obstructing and resisting a peace officer in the execution of his duty - The accused appealed, asserting that the trial judge erred in determining that the accused had not provided evidence to the contrary - The New Brunswick Court of Appeal affirmed the dismissal of the appeal - The trial judge rejected the accused's and the defence witnesses' testimony as to the amount of alcohol consumed and the reasons for the accused's flight - Having done so, he also determined that that evidence could not constitute evidence to the contrary - Consequently, the presumptions under ss. 258(1)(c) and 258(1)(g) of the Criminal Code applied - The trial judge did not err - See paragraph 2.

Crown - Topic 673

Authority of Ministers - Exercise of - Statutory authority - [See Criminal Law - Topic 1371 ].

Droit criminel - Cote 1371

Infractions contre la personne et la réputation - Véhicules à moteur - Capacité de conduite affaiblie - Ethylomètre - Généralités - [Voir Criminal Law - Topic 1371 ].

Droit criminel - Cote 1372

Infractions contre la personne et la réputation - Véhicules à moteur - Capacité de conduite affaiblie - Ethylomètre ou échantillon de sang - Ordre - Motifs raisonnables - [ Voir Criminal Law - Topic 1372 ].

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 ].

Couronne - Cote 673

Pouvoirs des ministers - Exercice - Pouvoirs légaux - [Voir Crown - Topic 673 ].

Cases Noticed:

R. v. Spanos (R.), [2007] O.A.C . Uned. 106; 2007 ONCA 241, refd to. [para. 8].

Counsel:

Avocats:

Lyne Raymond, for the appellant;

François T. Doucet, for the respondent.

This appeal was heard on January 22, 2008, by Larlee, Deschênes and Richard, JJ.A., of the New Brunswick Court of Appeal. The following judgment of the Court of Appeal was delivered by Deschênes, J.A., in both official languages on March 27, 2008.

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1 practice notes
  • R. v. Leger (K.), (2008) 329 N.B.R.(2d) 371 (PC)
    • Canada
    • New Brunswick Provincial Court of New Brunswick (Canada)
    • January 22, 2008
    ...[1982] 2 S.C.R. 24; 43 N.R. 30, refd to. [para. 36]. R. v. Paquet (A.J.) (2007), 317 N.B.R.(2d) 272; 819 A.P.R. 272 (T.D.), affd. (2008), 329 N.B.R.(2d) 311; 844 A.P.R. 311; 2008 NBCA 29, refd to. [para. Ares v. Vennor, [1970] S.C.R. 608, refd to. [para. 44]. R. v. Hall (S.) (2007), 219 O.A......
1 cases
  • R. v. Leger (K.), (2008) 329 N.B.R.(2d) 371 (PC)
    • Canada
    • New Brunswick Provincial Court of New Brunswick (Canada)
    • January 22, 2008
    ...[1982] 2 S.C.R. 24; 43 N.R. 30, refd to. [para. 36]. R. v. Paquet (A.J.) (2007), 317 N.B.R.(2d) 272; 819 A.P.R. 272 (T.D.), affd. (2008), 329 N.B.R.(2d) 311; 844 A.P.R. 311; 2008 NBCA 29, refd to. [para. Ares v. Vennor, [1970] S.C.R. 608, refd to. [para. 44]. R. v. Hall (S.) (2007), 219 O.A......

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