Criminal Code of Canada - section 254(1) - Definition of approved instrument

section 254(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines an approved instrument as a device used to measure the concentration of alcohol in a persons blood through their breath, approved by the Attorney General of Canada.

SECTION WORDING

254(1) In this section and sections 254.1 to 258.1, "approved instrument" means an instrument of a kind that is designed to receive and make an analysis of a sample of the breath of a person in order to measure the concentration of alcohol in the blood of that person and is approved as suitable for the purposes of section 258 by order of the Attorney General of Canada;

EXPLANATION

Section 254(1) of the Criminal Code of Canada provides an important definition for the purposes of impaired driving offenses. The section defines the term approved instrument," which refers to a device that is designed to receive and analyze a sample of a person's breath, in order to measure the concentration of alcohol in their blood. This definition is crucial as it sets the standard for the proper use of such devices in determining whether someone is driving while impaired. The term approved instrument" is used in several sections of the Criminal Code of Canada, including sections 254.1 to 258.1. These sections deal with various aspects of impaired driving offenses, from testing procedures to sentence requirements. The use of approved instruments and the specific procedures for their use are central to these offenses. An approved instrument must be approved by the Attorney General of Canada, meaning that it must have been tested and determined to meet the standards set out in section 258. The Attorney General of Canada's approval signifies that the device is reliable and accurate in measuring the concentration of alcohol in a person's blood. By defining approved instrument," section 254(1) helps to ensure that the use of such devices in impaired driving offenses is conducted in a consistent and reliable manner. It enables law enforcement officers to use the devices properly and ensures that the results obtained can be used in court to convict offenders who are driving while impaired. Overall, section 254(1) is an important part of the Criminal Code of Canada as it sets out the standard for the use of approved instruments in impaired driving offenses. It ensures that such devices are used properly and that the results obtained can be relied upon in convicting offenders.

COMMENTARY

Section 254(1) of the Criminal Code of Canada is a crucial provision that describes the instrument used to test the breath of a person suspected of drunk driving. The provision defines an approved instrument," which is the device used to measure the concentration of alcohol in a person's blood. The instrument is designed to receive and analyze a sample of a person's breath, with the results used to determine whether the person is under the legal limit of alcohol consumption while operating a motor vehicle. The use of an approved instrument is critical to the fight against drunk driving in Canada. It is a widely recognized tool that law enforcement officers use to detect the level of impairment of a driver. Approved instruments operate by calculating the Blood Alcohol Concentration (BAC) based on a person's breath sample. The lower the BAC, the less impaired a driver is likely to be. A BAC of over 0.08 is considered an offence that can lead to criminal charges under Canadian law. Therefore, the use of approved instruments helps in enforcing the law and promoting road safety. The importance of the approved instrument is highlighted by provisions in sections 254.1 to 258.1, which outline the procedures officers must follow when administering breath tests to drivers. Section 254(1) sets out the foundation and definition of the device that must be used in this process. Additionally, Section 254(2) provides guidance on the reliability of the instrument and the calibration procedures that must be followed to ensure its accuracy when used in measuring BACs. The use of approved instruments is an essential aspect of Canadian law enforcement and the fight against drunk driving. The provision ensures that officers use an instrument approved for use by the Attorney General, a step that reinforces the accuracy of the device in detecting alcohol levels. In addition to promoting road safety, the provision also upholds the rights of the accused by ensuring that they are subjected to reliable and accurate test results. The provision is also notable for its use of clear language, which eliminates any confusion regarding the type of instrument officers should use in measuring BACs. The definition of an approved instrument is unambiguous and precise, and its use has been instrumental in reducing the number of accidents and fatalities caused by drunk driving across Canada. In conclusion, Section 254(1) is a critical provision that defines the approved instrument used in testing the breath of drivers suspected of drunk driving. The provision has played a critical role in promoting road safety by ensuring that the devices used by officers in measuring BACs are accurate and reliable. By outlining the reliability and calibration procedures, the provision also upholds the rights of the accused. In essence, the provision is a symbol of the government's commitment to fighting drunk driving, making it an essential aspect of Canadian law enforcement.

STRATEGY

Section 254(1) of the Criminal Code of Canada is a crucial section in drunk driving cases. It defines an approved instrument" and sets out the procedure for testing a driver's blood alcohol concentration. It is, therefore, a section that must be well understood by law enforcement officers, prosecutors, and defense counsel. One of the primary strategic considerations when dealing with this section is the admissibility of evidence obtained through the use of an approved instrument. The use of an approved instrument is not mandatory in drunk driving cases. However, if the instrument is used, the results must be admissible in court, and there must be strict compliance with the procedures outlined in sections 254.1 to 258.1 of the Criminal Code. To ensure the admissibility of the evidence, it is crucial to ensure that the instrument is an approved instrument, and that it has been properly calibrated and tested before use. It is also essential to ensure that the operator of the instrument is trained and qualified to use it. Evidence of the operator's training and experience should be gathered and disclosed to the defense. Another strategic consideration is the timing of the breath test. A driver's blood alcohol concentration can change over time, so it is crucial to obtain a sample as soon as possible after the driver has been stopped. Delays in testing can result in the driver's blood alcohol concentration decreasing, which can provide a defense against the charge. A tactic that could be employed by the defense is to challenge the admissibility of the evidence obtained through the use of the instrument. The defense may argue that the instrument used was not an approved instrument or that it was not properly calibrated or tested. The defense may also challenge the qualifications of the operator of the instrument, arguing that the operator was not properly trained or experienced. Another tactic that could be employed is to challenge the reliability of the results obtained through the use of the instrument. The defense may argue that the results were affected by external factors, such as mouthwash or medication. The defense may also argue that the results were affected by the driver's physical condition or diet. In conclusion, section 254(1) of the Criminal Code of Canada is a crucial section in drunk driving cases. It sets out the procedure for testing a driver's blood alcohol concentration using an approved instrument. To ensure the admissibility of the evidence, it is crucial to ensure that the instrument is properly tested and calibrated, and that the operator is qualified to use it. The timing of the breath test is also crucial, as delays can result in the driver's blood alcohol concentration decreasing. Both the prosecution and defense must carefully consider the admissibility and reliability of the results obtained through the use of the instrument.