R. v. Paquet (A.J.), 2007 NBQB 118

• Judge: Young, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: Friday September 01, 2006
• Jurisdiction: New Brunswick
• Citations: 2007 NBQB 118;(2007), 317 N.B.R.(2d) 272 (TD)

R. v. Paquet (A.J.) (2007), 317 N.B.R.(2d) 272 (TD);

    317 R.N.-B.(2e) 272; 819 A.P.R. 272

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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: [2007] N.B.R.(2d) TBEd. AP.025

Renvoi temp.: [2007] N.B.R.(2d) TBEd. AP.025

Allain J. Paquet (appelant) v. Sa Majesté la Reine (intimée)

(C/CA/09/2004; 2007 NBBR 118; 2007 NBQB 118)

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

Répertorié: R. v. Paquet (A.J.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Campbellton

Young, J.

March 30, 2007.

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, 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 Queen's Bench, Trial Division, dismissed 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 53 to 78.

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 Queen's Bench, Trial Division, dismissed the appeal - The trial judge's conclusions with respect to the reasonable grounds were reasonable and justified by the evidence - See paragraphs 35 to 52.

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 Queen's Bench, Trial Division, dismissed 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 paragraphs 7 to 34.

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 - Topic 673

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

Cases Noticed:

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352; 63 C.C.C.(3d) 397, refd to. [para. 7].

R. v. Boucher (E.), [2005] 3 S.C.R. 499; 342 N.R. 42; 202 C.C.C.(3d) 34, refd to. [para. 9].

Housen v. Nikolaisen et al., [2002] 2 S.C.R. 235; 286 N.R. 1; 219 Sask.R. 1; 272 W.A.C. 1; 211 D.L.R.(4th) 577; 2002 SCC 33, refd to. [para. 10].

H.L. v. Canada (Attorney General) et al., [2005] 1 S.C.R. 401; 333 N.R. 1; 262 Sask.R. 1; 347 W.A.C. 1; 2005 SCC 25, refd to. [para. 10].

R. v. Arsenault (D.J.) (2005), 295 N.B.R.(2d) 123; 766 A.P.R. 123; 2005 NBCA 110, refd to. [para. 10].

R. v. Biniaris (J.), [2000] 1 S.C.R. 381; 252 N.R. 204; 134 B.C.A.C. 161; 219 W.A.C. 161; 2000 SCC 15, refd to. [para. 11].

R. v. Dhillon (1973), 9 C.C.C.(2d) 414 (B.C.C.A.), refd to. [para. 12].

R. v. Fowler (M.O.) (2006), 304 N.B.R.(2d) 106; 788 A.P.R. 106; 2006 NBCA 90, refd to. [para. 13].

R. v. Abbey, [1982] 2 S.C.R. 24; 43 N.R. 30, refd to. [para. 23].

R. v. Burns (R.H.), [1994] 1 S.C.R. 656; 165 N.R. 374; 42 B.C.A.C. 161; 67 W.A.C. 161, refd to. [para. 27].

R. v. W.D.S., [1994] 3 S.C.R. 521; 171 N.R. 360; 157 A.R. 321; 77 W.A.C. 321, refd to. [para. 28].

R. v. Proudlock, [1979] 1 S.C.R. 525; 24 N.R. 199, refd to. [para. 30].

R. v. Bernshaw (N.), [1995] 1 S.C.R. 254; 176 N.R. 81; 53 B.C.A.C. 1; 87 W.A.C. 1, refd to. [para. 36].

R. v. Debot (1989), 102 N.R. 161; 37 O.A.C. 1; 52 C.C.C.(3d) 193 (S.C.C.), refd to.[para. 50].

R. v. Roberge, [1983] 1 S.C.R. 312; 46 N.R.

573; 4 C.C.C.(3d) 304, refd to. [para. 50].

R. v. Robillard, [1996] A.Q. No. 3747, refd to. [para. 60].

Bell v. Prince Edward Island (Attorney General), [1975] 1 S.C.R. 25; 1 N.R. 27; 5 Nfld. & P.E.I.R. 173, dist. [para. 66].

Canada (Attorney General) v. Mossop, [1993] 1 S.C.R. 554; 149 N.R. 1; 100 D.L.R.(4th) 658, refd to. [para. 76].

Statutes Noticed:

Executive Council Act, Act Amending the S.N.B. 2004, c. 32, sect. 1 [para. 55].

Authors and Works Noticed:

Coté-Harper, Gisèle, Manganas, Antoine D., and Turgeon, Jean, Droit pénal canadien (3rd Ed. 1989), p. 69 [para. 74].

Counsel:

Avocats:

Sylvain Pelletier, for the appellant;

François Doucet, for the respondent.

This appeal was heard on September 1, 2006, with written submissions received on November 2 and 27, 2006, by Young, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Campbellton, who delivered the following judgment on March 30, 2007.