R. v. Sonier (J.A.), (1995) 149 N.S.R.(2d) 187 (SC)

• Judge: MacLellan, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: September 28, 1995
• Jurisdiction: Nova Scotia
• Citations: (1995), 149 N.S.R.(2d) 187 (SC)

R. v. Sonier (J.A.) (1995), 149 N.S.R.(2d) 187 (SC);

    432 A.P.R. 187

MLB headnote and full text

Jule Alan Sonier (appellant) v. Her Majesty the Queen (respondent)

(1995 S.P. No. 03243)

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

Nova Scotia Supreme Court

MacLellan, J.

November 22, 1995.

Summary:

Sonier was charged with driving while having an excessive blood-alcohol level. Sonier adduced evidence respecting his blood-alcohol content at the time of driving. He argued that the evidence was evidence to the contrary and that the presumption respecting breath analyses (Criminal Code, s. 258(1)(c)) should not be applied. Sonier was convicted. He appealed.

The Nova Scotia Court of Appeal allowed the appeal where the law on the interpreta­tion of s. 258(1)(c) changed after the trial but prior to the appeal hearing.

Criminal Law - Topic 1374

Motor vehicles - Impaired driving - Breathalyzer - Certificate evidence - Evidence to the contrary - Sonier was charged with driving while having an excessive blood-alcohol level - Sonier adduced evidence respecting his blood-alcohol content at the time of driving - He argued that the evidence was evidence to the contrary and that the presumption respecting breath analyses (Criminal Code, s. 258(1)(c)) should not be applied - Sonier was convicted - He appealed - The Nova Scotia Court of Appeal allowed the appeal where the law on the interpretation of s. 258(1)(c) changed after trial but prior to the appeal hearing.

Practice - Topic 9043

Appeals - Law on appeal - Change in law between trial and appeal - [See Criminal Law - Topic 1374 ].

Cases Noticed:

R. v. Moreau (1978), 23 N.R. 541; 42 C.C.C.(2d) 525 (S.C.C.), refd to. [para. 9].

R. v. Andrews (1983), 59 N.S.R.(2d) 149; 125 A.P.R. 149; 8 C.C.C.(3d) 519 (C.A.), refd to. [paras. 9, 15].

R. v. Gilbert (T.) (1994), 74 O.A.C. 56; 92 C.C.C.(3d) 266 (C.A.), refd to. [paras. 9, 10].

R. v. St. Pierre (G.R.) (1995), 178 N.R. 241; 79 O.A.C. 321; 96 C.C.C.(3d) 385 (S.C.C.), refd to. [para. 13 et seq.].

Counsel:

H. Edward Patterson, for the accused;

Peter G. MacKay, for the Crown.

This appeal was heard on September 28, 1995, at Pictou, Nova Scotia, by MacLellan, J., of the Nova Scotia Supreme Court, who delivered the following decision on Novem­ber 22, 1995.