Case information

Criminal law – Applicant acquitted at trial – Summary conviction appeal judge setting acquittal aside, ordering new trial – Whether Court of Appeal erring in affirming the summary conviction appeal court’s decision – Whether Court of Appeal erring in law in affirming summary conviction<br>appeal court’s application of legal principles and concluding trial was unfair to Crown – Whether Court of Appeal erring in law by substituting facts and making suppositions on how the case may have unfolded without trial judge’s intervention – Whether Court of Appeal erring in law by concluding that trial unfairness applies to Crown when trial judge points out errors in Crown’s case prior to the close of their case – Whether trial unfairness severe enough to warrant overturning acquittal – Whether trial outcome would have been different had trial judge not raised issue with Crown’s case<br>

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Applicant Pierre Alexandre Parenteau was charged with driving with a blood alcohol concentration equal to or exceeding 80 mg of alcohol per 100 ml of blood, contrary to s. 320.14(1)(b) of the Criminal Code, R.S.C. 1985, c. C-46. Mr. Parenteau alleged multiple violations of his rights under the Canadian Charter of Rights and Freedoms.

The trial proceeded by way of a blended trial and voir dire before the Provincial Court of New Brunswick. Mr. Parenteau was acquitted by way of directed verdict. The Crown appealed.

The summary conviction appeal judge held that the trial judge had prematurely ruled on an issue before the Crown had closed its case. This was manifestly unfair and would cause an informed member of the public to lose confidence in the administration of justice. The appeal was allowed, the acquittal set aside, and a new trial ordered.

The Court of Appeal of New Brunswick granted Mr. Parenteau leave to appeal, but affirmed the appeal judge’s decision on the issue of procedural unfairness. The appeal was dismissed.