The accused commercial truck driver was charged with criminal negligence causing death after a fatal collision with an oncoming vehicle.
The Crown sought a conviction for the lesser included offence of dangerous driving, arguing the accused was fatigued from violating hours of service regulations and falsifying logbooks.
The court found that while the accused was fatigued and breached regulations, the Crown failed to prove the actus reus of dangerous driving beyond a reasonable doubt because there was no accident reconstruction evidence to establish how the collision occurred or to link the fatigue to a marked departure in the manner of driving.
The accused was acquitted.
