Bradley Muir

The accused was charged with dangerous driving causing death after failing to stop at a stop sign and colliding with a vehicle travelling on a through road.

The court found the actus reus established because driving through the stop sign created a significant risk to other road users.

However, applying the principles from Supreme Court of Canada authorities on dangerous driving, the court held that the evidence did not establish a marked departure from the standard of care of a reasonable driver.

The evidence suggested either a momentary lapse of attention or a negligent misjudgment when performing a rolling stop.

Such conduct, while careless and potentially giving rise to civil liability or provincial offences, did not meet the criminal threshold for dangerous driving.

The accused was charged with impaired driving and operating a motor vehicle with more than 80 mg of alcohol in 100 ml of blood following a single-vehicle collision.

The accused denied being the driver and claimed Charter violations regarding the right to counsel and unreasonable search and seizure.

The court found the accused was the driver based on credible eyewitness evidence and physical evidence from the collision.

No Charter violations were found.

The court concluded the accused's ability to operate the vehicle was impaired by alcohol and her blood alcohol concentration exceeded the legal limit at the time of the collision.