Danny Gunn

The accused was charged with care and control of a motor vehicle while impaired by alcohol and with care and control while blood alcohol exceeded 80 milligrams per 100 millilitres of blood.

Police observed the accused in the driver's seat of a parked vehicle in a hotel parking lot at 2:18 a.m.

The accused was extremely intoxicated.

The court found that although the accused had rebutted the presumption under section 258 of the Criminal Code, he did not have actual care and control of the motor vehicle.

The accused had given his keys to a friend while sober, had called a taxi, and entered the vehicle only to retrieve personal items.

The momentary activation of the turn signal and brake lights did not create a realistic risk of danger.

The accused was acquitted on both charges.

Two defendants were charged with unlawful confinement under section 279(2) of the Criminal Code for apprehending a suspect in connection with a break-in at a video store and bringing him to the police station.

The Crown alleged the defendants made an unlawful citizen's arrest without reasonable grounds and without lawful authority.

The defendants argued they had reasonable grounds to believe the complainant was the perpetrator and that the police were not investigating the matter.

The court found that the Crown failed to prove forcible confinement beyond a reasonable doubt, citing the lack of physical force or restraints, the complainant's ability to leave at any time, the inadequate police investigation, and the defendants' reasonable belief in the complainant's guilt.