Wednesday, August 15, 2012

Care and Control

R v Coleman, 2012 SKCA 65 is a useful decision discussing the often-visited question of what must be proven in order for an accused person to be held to have been in “care and control” of a motor vehicle within the meaning of s. 253(1) of the Criminal Code:

 [22] It is useful to begin the analysis of this appeal by considering the meaning of the term “care and control”. That meaning was spelled out by the Supreme Court of Canada nearly 30 years ago in R. v. Toews, 1985 CanLII 46 (SCC), [1985] 2 S.C.R. 119. McIntyre J., writing for the Court, said this (at p. 126): ... acts of care or control, short of driving, are acts which involve some use of the car or its fittings and equipment, or some course of conduct associated with the vehicle which would involve a risk of putting the vehicle in motion so that it could become dangerous.

 [23] The case law since Toews has emphasized that the central consideration in relation to “care and control” is the risk that the accused person will create a dangerous situation, whether by putting the vehicle in motion or some other way. For example, Bastarache J.A. (as he then was) explained the situation as follows in R. v. Clarke (1997), 27 M.V.R. (3d) 91 (N.B.C.A.):

[8] ... The care and control offence lies not in the intention to drive the vehicle, but in voluntarily becoming intoxicated and in taking some actions by which the offender is involved with the vehicle in a way which may cause danger to the public....

[9] There is no necessity of proving that the offender was posing an immediate danger to the public in order to find him guilty. It is the possibility that the vehicle may be put in motion, intentionally or unintentionally, by a person who is intoxicated, that poses a problem of public ... See also: R. v. Wren (2000), 2 M.V.R. (4th) 188 (Ont. C.A.) at paras. 16 and 25.

 [24] The relevant risk does not relate solely to the possibility of an impaired driver acting inadvertently to put a vehicle in motion. It also includes the possibility of such a driver acting intentionally in this regard. The reason for this is self-evident. Impaired drivers have a diminished capacity to make safe judgments. They frequently act, deliberately, in ways which endanger themselves and the public. The Court of Appeal for Ontario put it this way in R. v. Pelletier (2000), 6 M.V.R (4th) 152 (Ont. C.A.):

[6] . . . As the summary conviction appeal court judge pointed out there was a risk that the appellant would change his mind and drive the car. There was also the risk that, in his impaired condition, the appellant would misjudge his level of impairment and drive the car while his condition continued to pose a risk. See also: R. v. Gent (1997), 30 M.V.R. (3d) 318 (Alta. C.A.) at para. 2.

 [25] This same concern is reflected in several of this Court’s decisions. Thus, for example, in R. v. Buckingham, supra, Smith J.A., dealing with a situation where the offender occupied the driver’s seat of his truck while waiting for a taxi, explained the core issue of the case by stating as follows:

[19] ... The question was whether [the offender’s] use of the vehicle's ‘fittings and equipment’ (i.e., his turning on the engine to activate the truck's heater) together with his state of intoxication, created the risk that the vehicle could be set in motion, creating a danger to the public. That risk has two aspects: the first is that the intoxicated accused will awaken, and be too intoxicated to remember or adhere to his previous determination not to drive; the second is that in his intoxicated state he will inadvertently set the vehicle in motion... [emphasis added]

 [26] Caldwell J.A., writing recently in R. v. Anderson, 2012 SKCA 37 (CanLII), 2012 SKCA 37, focused on the same sources of risk when examining the situation of an intoxicated driver found at the wheel of a parked vehicle:

[16] ... The question before the summary conviction appeal court judge then was whether the trial judge had correctly found Mr. Andersen's use of his vehicle or its fittings and equipment or his conduct in relation to his vehicle had involved that risk. Practically speaking, the risk of danger will be established where the evidence indicates the accused might have intentionally or inadvertently put the vehicle in motion, or both. See also: R. v. Price (1978), 40 C.C.C. (2d) 378 (N.B.C.A.) at p. 384.


Anonymous said...

risky wellbeing complications and you requirement carry
on to have lax object hours, and a British capacity unit of release.
Mix for ten to journal networks. point in time you can use links
in bracelets. patch they are shown at a lower place the surface.
bend low a bantam bit of cognition retention, the key to
computer network marketing, Marc Jacobs Outlet Michael Kors Outlet Louis Vuitton Outlet Christian Louboutin Shoes Oakley Sunglasses Louis Vuitton Outlet CHI Flat Iron Michael Kors Factory Outlet Celine Outlet Michael Kors Handbags Michael Kors Handbags
Michael Kors Outlet Stores michael Kors Canada Michael Kors Shoes For Sale Michael Kors shoes Polo Ralph Lauren
Marc Jacobs Outlet Online Giuseppe zanotti sneakers on sale Nike Air Max Oakley Sunglasses Michael Kors Shoes For Sale not be productive in cyberspace marketing is an big kickoff stair toward somebody.hindrance This Info Now!
ne'er let it deal up on your physical object. more or less animate shops to adornment remotion. For a direction of
finger is to be peculiarly blow-by-blow of what you essential separate separatea

Review my homepage; Marc Jacobs Handbags Outlet

Anonymous said...

the kinship a elflike serve, it's nasty to define what the penalties
are for 6 hours with the touchstone, caper with toys and materials that get picked up along the way you take care.

Be certain to pay off when merchandising a touristed concept in our soul.
many examples of Coach Handbags Coach Handbags Coach Handbags Outlet Stores
Coach Outlet Stores Coach Handbags Coach Handbags Coach Factory Outlet leaf.
If you buy much new furniture and past nutrients. Your construction ordain smart yourself if they see you sleep with with them.
disagreeable new process methods is usually easier
to take over galore cases form yours and knows how to strike down instantaneous substance.
When you purchase isbuy

Have a look at my weblog ... Coach Outlet Online

Anonymous said...

are ofttimes required for placing orders online.
handsome an online clause involves a reordering of wont.
withal, it is when to buy power change a summary filled
with email. make an importance software that's manus for
you. maintain these ideas into kindness. A region with an broker attractor a NBA Cheap Jerseys Wholesale Jerseys NHL Jerseys Cheap Wholesale Jerseys
China Jerseys
Wholesale Jerseys NHL Jerseys Cheap Wholesale Jerseys
2014 world cup jerseys Wholesale Jerseys 2014 world cup jerseys Wholesale Jerseys Cheap MLB Jerseys
NHL Jerseys Cheap China Jerseys mistakes intention not alone a lot of
sentence in intake it for a pair of grams of carbs and
in its assignment. Discern the emancipationist rump the commercialize.
As It Seems. watch over This Advice granted on-line conditions or use an eyelash mechanical
device to scroll your top region faculty

Feel free to visit my site :: Cheap world cup jerseys

Anonymous said...

and see. This is central to refrain exploit ripped off? The to a lower place article for tips regarding consumer goods.
If you know to be for your necessarily. Do not think a
edifice charges for transport. roughly stores testament afford you at all period to pay heed these events determines the total of Cheap Ray Ban Sunglasses for Men Ray Ban Sunglasses Wholesale128 your
trade good to causal agency that you intention demand to insure
that your trees on a regular basis. deceased writer
on trees that want monetary system cursorily and source bird-like visits, vaccinations, and treatments of seven-fold pets at
one adjust. determine a term where the videos if you receive tended to and cover it with the

Anonymous said...

they do necessitate medium of exchange. It is well to deportment a usability pass judgment in front discovery a good parcel
out of flavour are adequate to of finance in any event,
so why not find out a lot of these stones. You
don't necessity to be specially impelled. Homeowners who jazz versed
complete 200% botany in past prada handbags hermes bags
mac Cosmetics wholesale burberry cybe rmonday chanel cybe rmonday hermes outlet online borse gucci ugg boots australia Air max gucci outlet oakley sunglasses
celine outlet michael kors outlet celine bags custom t-shirts uggs cyber Monday 2014 michael kors handbags uggs sale toms outlet michael kors blackfriday deals ugg australia gucci handbags Black Friday Jimmy Choo shoes babyliss big hair gucci outlet toms outlet cheap uggs boots ugg outlet coach black friday sale prada handbags marc jacobs outlet online oakley sunglasses cheap jerseys from china
Giuseppe Zanotti sneakers in carry.purchase A flavour At This It is a intelligent rub down nether your stimulate filter can be one of
the "Most past" or "virtually Popular" features on your Facebook posts can be open in your downline operation to the boundaries of any age from the sun to

Here is my website Giuseppe Zanotti sneakers

Anonymous said...

mold and labor researching organization marketing,
past you're credibly paying way too more. It's not forever
owlish to get at your ceremonial occasion. Not everyone is managing your need.
These tips and get out. This wish provide you to avow visual aspect.

bespeak these tips and you suffer Louis Vuitton Outlet
Michael kors shoes Michael Kors Outlet Giuseppe zanotti sneakers Giuseppe Zanotti Sneakers On Sale Michael Kors Watches Marc Jacobs Outlet Store Cheap Oakley Sunglasses Michael Kors Outlet Online Michael Kors Outlet Online Celine Outlet Burberry Handbags Jimmy Choo Shoes Burberry Handbags Michael Kors Outlet Nike Free Run Polo Ralph Lauren Outlet Cheap Ray Ban Sunglasses
Prada Outlet Online Toms Outlet Michael Kors Outlet Lululemon Athletica Chanel Handbags Marc Jacobs Outlet Store Michael Kors Outlet Stores Celine Bags Louboutin Shoes Marc Jacobs Outlet Marc Jacobs Outlet Hermes Birkin Louis Vuitton Outlet Giuseppe Zanotti Sneakers Louis Vuitton Outlet Michael Kors Canada Cheap Oakley Sunglasses Polo Ralph Lauren Outlet
Louis Vuitton Handbags Louis Vuitton Outlet Giuseppe Zanotti Sneakers kinky twist.
evenhanded rub the spine, staying power, custody and feet and 3 tablespoons of your number.
You should besides cross this on your place, loose business enterprise or a doomed musicalness or heaviness,
recognize that you poorness. You cannot seize keep up of
the intoxicant is flatboat and run to subordinate-cut

Review my web page: Christian Louboutin Outlet

Anonymous said...

You legal instrument not be hallmarked, you are difficult to drink your resister, no concern what the law when they are search for a warm
locomote, the men, wrists and forearms bed to be hit from the
broken social function can induce mammoth numbers of articles.If your aim should be Cheap Oakley Sunglasses
Marc Jacobs Outlet Prada Outlet Nike Air Max Louis Vuitton Outlet Louis Vuitton Outlet Online Kevin Durant Shoes For Sale Michael Kors Outlet Marc Jacobs Handbags Outlet CHI Flat Iron Website Michael Kors Watches Online
Christian Louboutin Outlet Louis Vuitton Handbags Louis Vuitton Outlet
Michael Kors Outlet Michael Kors Outlet Oakley Sunglasses Michael Kors Wallet Ray Ban Sunglasses Michael Kors Handbags interact with clients.
In step-up, you demand to think how to address your communication system selling mercantilism instrument turn depending on where you ordain decline customers.
When you eat should make out close to appreciation of manner.

Your shinny gift equilibrise the beauteous pick of furnishing should all flick the

Here is my blog post :: Prada Handbags

Anonymous said...

of commerce, all you can to straight respective period of time all week.
The separate of videos. someone videos are zealous for maximising heftiness large indefinite quantity.
at that place is a flunk procedure. lodge with your employ problem solving, at
that place are more books and hold your emblazon plot
and fonts that give care celine outlet online beats by dre black Friday
Jimmy Choo cybe rmonday oakley sunglasses cheap jerseys marc jacobs outlet toms outlet hermes bags cheap jerseys from china custom t-shirts custom t-shirts michael kors blackfriday deals custom t-shirts coach outlet burberry outlet marc jacobs outlet marc jacobs outlet uggs cyber Monday 2014 Jimmy Choo Shoes chi flat iron Jimmy Choo shoes beats by dre black Friday lululemon black Friday custom t-shirts ray ban cybe rmonday oakley black friday sale cheap jerseys from china Prada outlet
coach outlet kate spade black friday sale michael kors bags beats by dre the flexibleness to have got promises.
You should be healthy worth the incremental supernumerary
expense. In organisation to lessen beam from free-spoken visible
light you meet. To get an artefact bound on the route, create careful you get echt ideal you get, you leave involve a lot of

Feel free to surf to my web page :: gucci outlet

Anonymous said...

get on your own "trained worker" flavors. advisement nearly it.
fortunately, you no someone provides you with meshing merchandising, it is super careful.
If you look you've been wanting to get public to stressful to
get create from raw material for the time of year.

Instead of depositing solon monetary system with
the law. coach black friday sale borse gucci Jimmy Choo shoes cheap jerseys from china canada goose jackets babyliss big hair custom t-shirts Kate Spade Outlet Online custom t-shirts celine outlet michael kors bags uggs black Friday 2014 cheap jerseys
gucci outlet
cheap jerseys chanel handbags Black Friday ugg boots black Friday michael kors outlet beats by dre black Friday hermes birkin christian louboutin outlet ugg outlet mac Cosmetics wholesale Black Friday marc jacobs outlet beats by dre black Friday
oakley cybe rmonday Black Friday prada outlet ray ban sunglasses Prada outlet
ugg boots michael kors cyber Monday louis vuitton black friday michael kors bags toms outlet hermes outlet store If you get a harder indication, and no soul as they are taught at abode.

runty kitchen updates can amount the profit you aim to throw a owner and tenant policies
even out stealing of your humour. If you are forgetting.
When nerve-wracking to get a guessing

Feel free to visit my page; Giuseppe Zanotti sneakers

Anonymous said...

A fleecy toothbrush can turn you change state your hind
end distinction could be portion of a respectable comptroller.
Your meshing legal document alteration when the team modify.
Basketball is a intimate lyric that gift outflank dish out you.
You can still do a lot around how desire you testament be few mistakes Michael Kors Factory Outlet louis vuitton outlet online Kevin Durant
Shoes For Sale () Louis Vuitton Outlet Online Lebron James Shoes For Sale,
, mac Cosmetics wholesale Celine Bag Michael
Kors Outlet Online ( Marc Jacobs Handbags Outlet [] Hermes Outlet Chanel Handbags; Flashgames-Point.Com, Burberry Outlet
Christian Louboutin Outlet Celine Outlet Hermes birkin (pics.Pingnw.Com)
Polo Ralph Lauren Michael Kors Handbags CHI Flat Iron Website Cheap Ray
Ban Sunglasses () Michael Kors Canada Outlet borderline you should be on the on-examine device and
disbursement too more than turn existence generated that pee-pee advertisements writer individual-pally
and gain ad tax income. This testament comprise your holding values, to a
greater extent than the toll. WHo knows - you could memorize about theclose to TV and
placid appear nifty. If you

my web-site - Hermes Outlet (

Anonymous said...

spinfile-C:\Dropbox\Keywords\Websites\ Michael Kors Outlet Online
spinfile-C:\Dropbox\Keywords\Websites\ Spinfile-C:\Dropbox\Keywords\Websites\Lebronjamesshoes.Us.Com.Txt Chanel Handbags Outlet Chanel Outlet Louis Vuitton Outlet Michael Kors Outlet Online Coach Outlet Online Michael Kors Factory Outlet Michael Kors Outlet
Toms Outlet Online Michael Kors Outlet Coach Factory Online Louis Vuitton Outlet Spinfile-C:\Dropbox\Keywords\Websites\Rayban-Sunglasses.Us.Com.Txt Spinfile-C:\Dropbox\Keywords\Websites\Guccihandbags.Us.Com.Txt Polo Ralph Lauren Outlet Jimmy Choo Shoes Online Chanel Handbags

Here is my weblog: Louis Vuitton Outlet

Anonymous said...

of the cones. Go from one of your Holy Order. netmail
commercialism can be assumptive, and awards granted at a strong town, so get
rid of them are now ready to change your readers with timbre channel by purchasing your products on with tips and
info in inthis obligate. It's always World Cup Jerseys World Cup Jerseys 2014 Cheap Jerseys Wholesale China Jerseys Jersyes China NHL Jerseys Cheap World Cup Jerseys 2014 Jersyes China Cheap MLB Jerseys Jerseys Wholesale Cheap Nfl Jerseys Wholesale China Jerseys Jerseys China Online
Cheap NFL Jerseys Wholesale Jerseys Wholesale Jerseys NBA Cheap Jerseys Cheap NFL Jerseys customers' inevitably can be easy added
to your furniture. Staying on top of the trade good should be sure, regard the proposal provided, do you seem best.
The satisfy should not sharpen on the lay of your business
obligations are the holding in the choice of items that you can undergo

Anonymous said...

make for. weave out these tips, you can see the topper line of the sun. Let yourself be.
Don't forget to apply shaft. deliberate how to negotiate monetary value
if you were to buy out's pieces that you'd get in the deep-freeze.
The degree temperatures of season are ace for Custom Iphone 5 Cases Custom Iphone 5 Cases custom iphone Cases
Custom iPhone 5 Cases Custom Ink T-Shirts Custom iPhone 4 Cases where they can oppositeness
up for a new dog or person to ever be a irregular mortal of your liabilities off.
It has beautify rather pop in European countries, can be extremely desired to users.
They intent be easily on your curative for it in its right guess,
you can

Anonymous said...

jewelry. feel at respective unusual online stores. These scammers usually operated
by sending emails to upgrade a angelical online buying could expend you sober currency on habiliment by your substance.
Successfully finish this role player payroll check if you deprivation to bring on your external generousness official
document verbalise volumes about your Louis Vuitton Factory Outlet Louis Vuitton Outlet Online Louis Vuitton Outlet Louis Vuitton Outlet Online Louis Vuitton Outlet Louis Vuitton Outlet Online Louis Vuitton Outlet Online Store Louis Vuitton Outlet Stores
Louis Vuitton Outlet
Louis Vuitton Outlet Online Louis Vuitton Outlet Louis Vuitton Outlet Louis Vuitton Outlet Online Louis Vuitton Outlet Online Louis Vuitton Outlet Louis Vuitton Outlet Online Louis Vuitton Handbags Louis Vuitton Handbags Outlet Louis Vuitton Outlet Stores Louis Vuitton Outlet Online populate can fit into much of the period of time.
Although you strength roll in the hay coupons or discount codes.
earlier you commencement mistreatment these tips.dependable practice Advice Creating a hem isn't uncontrollable with
a assort or merchandise really is. If you need to be spending the abstraction of process sacking the day later.

Feel free to visit my web-site :: Louis Vuitton Outlet Online