Judge dismisses breathalyzer arrest over language

A northeastern New Brunswick man avoided a charge of failing to take a breathalyzer test after an RCMP officer failed to offer the service in both English and French.

Donat Robichaud was picked up at 2 a.m. in Shippagan in 2007 for refusing to take a breathalyzer.

The officer heard Robichaud speak French, so the arrest was made in French.

Judge Yvette Finn said in a decision released on Jan. 18 that she threw out this case because she didn't want officers to think they could continue to avoid the law.

The judge said the police have known since 2002 when the Official Languages Act was introduced that they must offer bilingual services.

She said there have been too many cases of police officers ignoring the constitutional guaranty.

The Crown prosecutor argued this was a minor violation of the law considering the severity of the charge.

In the decision, Finn wondered why some police forces in the province still haven't realized the importance of language laws in New Brunswick.

She noted there have been many cases of police officers in the province ignoring that right. She pointed to at least three in Fredericton and several in Miramichi where the police didn't offer to provide service in either French or English.

Economic Development Minister Paul Robichaud tried to avoid paying a speeding ticket in 2008 by arguing the RCMP officer who gave it to him did not offer him service in English.

Robichaud was caught speeding in the northeastern community of Tabusintac in January 2008.

Robichaud spoke with the officer in French and received the ticket in French, Robichaud's first language.

But Robichaud appealed the fine in 2009 because he was not offered the service in English. He lost the appeal.