Law360 Canada ( November 14, 2025, 12:43 PM EST) -- Appeal by Larocque from a judgment of the New Brunswick Court of Appeal which affirmed his conviction. Larocque was arrested for impaired driving. He was taken to a police station, where he provided two breath samples. An analysis of the samples determined that his blood alcohol concentration (BAC) was 110 mg of alcohol in 100 mL of blood (“mg percent”) and 120 mg percent, respectively. He was charged under s. 320.14(1)(b) of the Criminal Code (Code). At trial, the Crown called three witnesses, including the qualified technician. The Crown also introduced into evidence the certificate of the qualified technician and two certificates of two analysts. The trial judge held that the fact that the alcohol standard was certified by an analyst could be proved through either the evidence of the qualified technician or the analyst. Therefore, the Crown could rely on the presumption of accuracy. She did not consider whether the Crown had to prove the target value of an alcohol standard and convicted Larocque. The summary conviction appeal judge and the Court of Appeal confirmed the conviction. Larocque argued that the Court of Appeal erred in interpreting what the Crown had to prove to satisfy the precondition to the presumption of accurate breath test results provided for in s. 320.31(1) of the Code (“presumption of accuracy”). He also challenged the Court of Appeal’s holding that s. 320.31(1)(a) did not require the Crown to prove the target value of an alcohol standard that was certified by an analyst. The Crown submitted that Larocque’s approach would read a new technical requirement into s. 320.31(1)(a) that Parliament did not intend to include....