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A driving prohibition under section 259 of the Criminal Code applies to roads within an Indian Reserve.
The Crown prosecuted the defendant for operating a motor vehicle while prohibited under section 259 of the Criminal Code.
The defendant was prohibited from driving "on any street, road, highway or other public place" following a previous drinking and driving conviction.
The defendant argued that Airport Road in Pikangikum First Nation, an Indian Reserve, was not a public road and therefore the prohibition did not apply.
The court rejected this argument, finding that the prohibition applies to roads within the reserve where members of the public are exposed to risk from impaired drivers.
The defendant was found guilty as charged.
The court convicted the intoxicated defendant of having care and control of a motor boat after he untied it and jumped in.
The defendant was charged with care and control of a motor boat while impaired by alcohol.
The defendant admitted to being impaired but denied being in care and control of the vessel.
The Crown's case rested on evidence that the defendant untied both the bowline and stern line of the boat, pushed it away from the dock, and jumped in while intoxicated.
The defendant claimed he only untied the bowline to address a fender issue and was merely searching for his jacket and a spare fender.
The court found the defendant guilty, accepting the arresting officer's credible testimony over the defendant's account and finding that the defendant's actions created a realistic risk of danger as required under the test established in R. v. Boudreault.
