The defendant was charged with operating a motor vehicle while impaired by a drug.
The Crown and defence conceded the actus reus—that the defendant was operating a motor vehicle and was impaired.
The central issue was whether the Crown proved the mens rea of the offence.
The defendant claimed he mistakenly consumed alprazolam (Xanax) believing it was citalopram, a medication he had been prescribed for anxiety, and therefore lacked the intent to consume an intoxicant.
The court found that the defendant's urine sample contained alprazolam and carboxy THC (a cannabis metabolite), which aligned with the drug recognition expert's assessment.
The court applied the presumption under s. 320.31(6) and found no evidence to the contrary.
The court rejected the defendant's involuntary intoxication defence, finding that he was aware of his impairment before and during driving, and chose to continue operating his vehicle despite knowing it was dangerous.
The defendant was convicted.
