R. v. Paradis

R. v. Paradis

Because the accused made multiple (nine) bona fide attempts to provide a breath sample (a 'failure' case), the Crown was required to prove the screening device used was one of the specific models approved in the Approved Screening Devices Order; the officer referred only generically to an 'Alcosensor' and did not identify a model matching the Order, so the Crown failed to prove the device was approved beyond a reasonable doubt and the accused must be found not guilty.

Citation
2021 NSPC 3
Parties
Crown: Her Majesty the Queen; Accused: Nicholas Paradis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 January 2021
Procedural Posture
Criminal (impaired Operation; Failure to Provide Breath Sample) / Trial Decision (provincial Court)
Outcome
Not guilty (acquitted)
Legal Topics
Impaired Driving, Failure to Provide Breath Sample, Approved Screening Device, Burden of Proof, Reasonable Excuse
Source Language
English
Criminal Law Evidence Regulatory/administrative Law Impaired Driving Failure to Provide Breath Sample Approved Screening Device Burden of Proof Reasonable Excuse

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Parties

Her Majesty the Queen

Crown

Nicholas Paradis

Accused

Procedural Posture

Criminal (impaired Operation; Failure to Provide Breath Sample) / Trial Decision (provincial Court)

Legal Issues

  1. 1 Whether the Alcosensor used was an 'approved screening device' under the Criminal Code and the Approved Screening Devices Order
  2. 2 Whether, in a 'failure to provide a sample' case (multiple unsuccessful attempts), the Crown must prove the device used is an approved screening device
  3. 3 Whether the accused established a 'reasonable excuse' (medical or other impediment) for failing to provide a suitable breath sample

Ratio Decidendi

Because the accused made multiple (nine) bona fide attempts to provide a breath sample (a 'failure' case), the Crown was required to prove the screening device used was one of the specific models approved in the Approved Screening Devices Order; the officer referred only generically to an 'Alcosensor' and did not identify a model matching the Order, so the Crown failed to prove the device was approved beyond a reasonable doubt and the accused must be found not guilty.

Court Disposition

Not guilty (acquitted)

Orders

  • Accused found not guilty of impaired operation of a conveyance (section 320.14 CC) and failing to provide a sample of breath (section 320.15 CC); charges dismissed.