This Week’s Highlights
- NEW SCC CASE
1. Court Review
This week, I will be highlighting one of two new Supreme Court of Canada cases. The other companion case will be discussed next week, along with a neat case from the Saskatchewan Court of Appeal on a photo radar issue, so stay tuned …
Usually, proving someone’s blood alcohol level is over 80 mg% is done in part in paper format. A certificate from a qualified breath technician stating what a person’s blood alcohol level is produced.
The piece of legislation ruled on by the SCC in R. v. Larocque, 2025 SCC 36, addressed whether the Crown had to prove something referred to as a target value. Here is the legislation.
Breath samples
- 320.31(1) If samples of a person’s breath have been received into an approved instrument operated by a qualified technician, the results of the analyses of the samples are conclusive proof of the person’s blood alcohol concentration at the time when the analyses were made if the results of the analyses are the same — or, if the results of the analyses are different, the lowest of the results is conclusive proof of the person’s blood alcohol concentration at the time when the analyses were made — if
- (a) before each sample was taken, the qualified technician conducted a system blank test the result of which is not more than 10 mg of alcohol in 100 mL of blood and a system calibration check the result of which is within 10% of the target value of an alcohol standard that is certified by an analyst; [emphasis added]
The issue the court considered in the case was whether the Crown needed to prove what the results of the target value test were, or whether evidence stating that a system calibration check had occurred is sufficient. The court decided the latter. At paras 33, 38 and 39.
[33] While the Crown must disclose the target value … we disagree … that the Crown must prove the target value at the time of testing … [i]nstead, s. 320.31(1)(a) requires proof that the qualified technician obtained a result that was within 10% of the target value when the qualified technician conducted the system calibration check.
[38] … [t]herefore, if the qualified technician states that the system calibration check produced a result that was within 10% of the target value, the Crown has proven this s. 320.31(1)(a) precondition.
[39] … The Crown may choose to introduce the underlying data from the entire breath alcohol testing process into evidence. However, as a matter of statutory interpretation, the Criminal Code does not require that evidence be introduced in order to rely on the presumption of accuracy …
Bonus Resources
- SafeRoads Alberta Portal: https://saferoads.alberta.ca
- Alberta Government – Impaired Driving Laws: https://www.alberta.ca/impaired-driving
- CanLII: Key Impaired Driving Cases in Alberta: https://www.canlii.org
Get in Touch
Have a case, ruling, or resource to share?
Featured Firm
Rory Ziv and Ziv Law Group are Alberta’s trusted impaired driving lawyers, focused on defending Immediate Roadside Sanctions (IRS) and criminal impaired charges across the province. Known for their deep understanding of both administrative and criminal impaired driving law, they deliver rigorous defence strategies and timely appeal filings.