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.
