Eugene Anthony McDermott

The defendant was charged with having care or control of a motor vehicle while impaired and while having an excessive blood alcohol concentration after being found asleep behind the wheel of his parked car in an underground garage at the Rogers Centre.

The Crown conceded that the statutory presumption of care or control was rebutted.

The sole issue was whether the Crown proved beyond reasonable doubt that the defendant had actual care or control of the vehicle.

The court applied the analytical framework from R. v. Boudreault and found that while certain factors favored the Crown, the totality of circumstances—including that the vehicle was parked as the defendant's intended destination for sleeping, was not running, was in a fully reclined position, and the defendant had no reason to drive until after completing his next work shift—did not establish a realistic risk of danger.

The defendant was acquitted.

The defendant was charged with impaired driving and driving with over 80mg of alcohol in 100ml of blood following a motor vehicle collision on April 28, 2013.

This was the second section 11(b) Charter application challenging the delay in bringing the matter to trial.

The trial commenced on June 16, 2014 (approximately 14 months after arrest) but did not conclude, requiring a continuation date of October 3, 2014 (an additional 109 days of delay).

The court found total state-caused delay of 11.5 months, exceeding the Morin guidelines by six weeks.

The defendant suffered actual prejudice including stress, anxiety, sleep disturbance requiring medication, and loss of a job opportunity.

Balancing the defendant's prejudice against the serious nature of the offence and strong societal interest in trial on merits, the court found the delay constitutionally intolerable and granted a stay of proceedings.