Law360 Canada ( November 14, 2025, 12:39 PM EST) -- Appeal by Rousselle from a judgment of the New Brunswick Court of Appeal which upheld a decision setting aside his acquittal and entered a conviction. Rousselle was arrested for impaired driving. He was taken to a police station, where he provided two breath alcohol samples that indicated that his blood alcohol concentration was 100 mg percent at the time of testing. He was charged under s. 320.14(1)(b) of the Criminal Code (Code). At trial, the Crown did not adduce evidence, whether by certificate or viva voce testimony, from the analyst who certified the alcohol standard used in the breath testing. Instead, the Crown opted to produce and rely on a certificate of the qualified technician, which contained an assertion that the alcohol standard was certified by an analyst. The trial judge found that s. 320.31(1)(a) of the Code required evidence from the analyst for the Crown to prove that the alcohol standard was certified by an analyst. Therefore, the Crown could not rely on the presumption of accuracy. Rousselle was acquitted. The summary conviction appeal judge overturned the trial judge’s interpretation of s. 320.31(1)(a) and entered a conviction. The Court of Appeal dismissed the appeal concluding that the certificate of the qualified technician was admissible as evidence of the facts stated therein. The issue on appeal was whether the Crown could rely on evidence from a qualified technician, either by certificate or viva voce, to prove the that the alcohol standard used in the system calibration check was “certified by an analyst” as required by s. 320.31(1)(a) of the Code....