A New Brunswick judge has ruled that citizens cannot be prosecuted under vague laws based solely on police discretion, highlighting concerns over a Motor Vehicle Act provision used in a campaign against motorcyclists. Blacklock's Reporter says the ruling comes after a local biker was acquitted of charges related to "excessive or unusual noise.""While ignorance of the law is no excuse, every citizen should know what is expected of them," wrote Judge Sebastien Michaud of the New Brunswick Provincial Court in Edmundston. "The standard to meet or the limits not to exceed must be clearly identified or identifiable."The case involved a Harley Davidson rider charged under a Motor Vehicle Act section that forbids “excessive or unusual noise,” though the law fails to define these terms. The court ruled that such vague language made it impossible for the accused to know how to comply with the law."The citizen cannot be expected to comply with a standard that may vary from person to person," Michaud wrote. "What individual A deems loud may not be deemed so by individual B. Certainly, that cannot be the measuring stick by which the standard is to be assessed."The incident occurred on May 13, 2023, when RCMP officers set up a roadblock on Hwy. 144 in Madawaska County to inspect motorcyclists. Out of approximately 200 bikers checked that day, only one was charged with "excessive or unusual noise." The charge was based on officers' subjective assessments, with one constable describing the engine noise as "very high" and "loud, almost looking for attention."However, the court found that no objective measurements, such as decibel readings, were taken to support the charges. The RCMP admitted that their observations were made "by ear only," and that the County of Madawaska had no noise bylaw in place.Michaud concluded that the lack of clear standards made it "impossible for a defendant to know the standard to be met for compliance with the provision," leading to the biker's acquittal. The case marks only the second time a charge of excessive noise has been tried in New Brunswick traffic court since 1997.The court estimated that under federal guidelines, permissible noise levels are around 80 decibels, while the World Health Organization's 2018 Environmental Noise Guidelines identified excessive noise as a significant environmental health risk. Typical noise levels range from 40 decibels for a wind turbine to 87 decibels for a diesel locomotive.
