R. v. Schlacter, (1988) 73 Sask.R. 10 (ProvCt)

• Judge: Neville, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: November 28, 1988
• Jurisdiction: Saskatchewan
• Citations: (1988), 73 Sask.R. 10 (ProvCt)

R. v. Schlacter (1988), 73 Sask.R. 10 (ProvCt)

MLB headnote and full text

Her Majesty the Queen v. Clarence L. Schlacter

Indexed As: R. v. Schlacter

Saskatchewan Provincial Court

Neville, P.C.J.

November 28, 1988.

Summary:

The accused was charged with driving while having an excessive blood-alcohol content, contrary to s. 237(b) and 239(1) of the Criminal Code.

The Saskatchewan Provincial Court convicted the accused. This decision is being published at the request of a subscriber.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Evidence to the contrary - The Saskatchewan Provincial Court held that the fact of the inherent margin of error in a breathalyzer did not constitute evidence to the contrary - See paragraph 9.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Evidence to the contrary - An expert testified that because a breathalyzer was set automatically to assume a standard body temperature, if a subject had a higher body temperature than normal the resultant blood-alcohol reading could be abnormally high at the rate of eight milligrams per degree centigrade over normal - The accused suggested that his body temperature at the time the samples were taken was higher than normal and this fact could contribute to a reading below the permitted level - The Saskatchewan Provincial Court held that the evidence proffered by the accused was no more than mere speculation that the accused's body temperature was outside the normal range at the time the samples were taken - The court held that the accused did not adduce evidence to the contrary - See paragraphs 7 to 13.

Cases Noticed:

R. v. Moreau, [1979] 1 S.C.R. 261; 23 N.R. 541, refd to. [para. 8].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 141(1)(d) [para. 13].

Counsel:

Eric Neufeld, for the Crown;

Dale Kohlenberg, for the accused.

This charge was heard before Neville, P.C.J., of the Saskatchewan Provincial Court, whose decision was delivered at Weyburn Saskatchewan on November 28, 1988.