Definitions
320.11 The following definitions apply in this Part.
analyst means a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(ii) or paragraph 320.4(c). (analyste)
approved container means a container that is designed to receive a sample of a person’s blood for analysis and that is approved by the Attorney General of Canada under paragraph 320.39(d). (contenant approuvé)
approved drug screening equipment means equipment that is designed to ascertain the presence of a drug in a person’s body and that is approved by the Attorney General of Canada under paragraph 320.39(b). (matériel de détection des drogues approuvé)
approved instrument means an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration and that is approved by the Attorney General of Canada under paragraph 320.39(c). (éthylomètre approuvé)
approved screening device means a device that is designed to ascertain the presence of alcohol in a person’s blood and that is approved by the Attorney General of Canada under paragraph 320.39(a). (appareil de détection approuvé)
conveyance means a motor vehicle, a vessel, an aircraft or railway equipment. (moyen de transport)
evaluating officer means a peace officer who has the qualifications prescribed by regulation that are required in order to act as an evaluating officer. (agent évaluateur)
operate means
(a) in respect of a motor vehicle, to drive it or to have care or control of it;
(b) in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and
(c) in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise. (conduire)
qualified medical practitioner means a person who is qualified under provincial law to practise medicine. (médecin qualifié)
qualified technician means
(a) in respect of breath samples, a person who is designated by the Attorney General under paragraph 320.4(a); and
(b) in respect of blood samples, a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(i). (technicien qualifié)
vessel includes a hovercraft. (bateau)
Annotations
- Enacted 18 December 2018 pursuant to section 15, Bill C-46
- Proof of Impairment
- Impairment relates to a “reduced ability in some measure to perform a complex motor function whether impacting on perception or field of vision, reaction or response time, judgement, and regard for the rules of the road”: R v DAH, 2016 ONCJ 585 at para 33; R v Ware, 2017 CarswellNfld 94 (PC) at para 75.
- It does not require evidence of gross physical symptoms: R v Smyth, 2016 SKQB 214 at para 35
- A person’s judgement and reaction time can be detrimentally affected by alcohol or drug consumption notwithstanding that it is not manifested in observable conduct such as talking or walking: R v Smyth, 2016 SKQB 214 at para 35; R v Ware, 2017 CarswellNfld 94 (PC)at para 77; R v Smyth, 2016 SKQB 214 at para 35
- A drug does not have to be the sole contributing factor, it need only be a contributing factor: R v Bartello, 1997 CarswellOnt 2702 (CA); R v Deighan, 2017 ONSC 1220 at para 31; R v Caldwell, 2006 CarswellOnt 4926 (SC) at paras 10-13; R v Ware, 2017 CarswellNfld 94 (PC)at para 76.
- Trial judges must assess the totality of evidence in relation to impairment. A piecemeal approach to assessing evidence of impairment is erroneous. If the only reasonable inference is that the accused is impaired that element of proof is made out: R v Landes, 1997 at para 17; R v Watchel, 2012 SKQB 273; R v Smyth, 2016 SKQB 214 at paras 27-28.