Case information

Criminal law — Evidence — Breathalyser test results — Target value of alcohol standard — Whether trial judge committed error of law in interpretation and application of s. 320.31(1) of Criminal Code — Whether Crown counsel required to prove target value of alcohol standard used in calibration check of breathalyser device in order to rely on presumption of accuracy in s. 320.31(1)(a) — Whether evidence from qualified technician or in Certificate of Qualified Technician constitutes admissible hearsay and is sufficient to ensure compliance with requirement in s. 320.31(1)(a) that results of system calibration check of breathalyser were within 10% of target value of alcohol standard certified by analyst?

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Mr. Larocque was arrested for impaired driving and administered a breathalyser test. Based on the results of the test, he was charged with having a blood alcohol concentration equal to or exceeding 80 mg of alcohol in 100 mL of blood within two hours of ceasing to operate a motor vehicle. At trial, a Certificate of Qualified Technician from the officer who administered the breathalyzer test was admitted into evidence. A Certificate of Analyst from each of two analysts who had certified the target value of the alcohol standard used by the qualified technician to conduct a required system calibration check of the breathalyzer device was also entered into evidence. The trial judge held that the Certificate of Qualified Technician provided evidence of the target value of the alcohol standard certified by an analyst. Mr. Larocque was convicted for having a blood alcohol concentration equal to or exceeding 80 mg of alcohol in 100 mL of blood within two hours of ceasing to operate a motor vehicle. A summary conviction appeal court dismissed an appeal. The Court of Appeal dismissed an appeal.