The Crown appealed an acquittal on a charge of impaired operation of a motor vehicle by a drug under s. 253(1)(a) of the Criminal Code.
The appeal court found the trial judge failed to consider the cumulative effect of the evidence regarding whether the accused’s impairment was caused by drugs, including eyewitness evidence of impaired driving, expert evidence regarding the presence of drugs, and a statement to police.
The trial judge also failed to rule on the voluntariness and admissibility of the accused’s statement after a voir dire.
These errors constituted errors of law that materially affected the acquittal.
The acquittal was set aside and a new trial ordered.
