The appellant appealed convictions for impaired care and control and excess blood alcohol arising from a six‑day trial.
He challenged the trial judge’s credibility findings, alleged a violation of his right to be tried within a reasonable time under s. 11(b) of the Charter, and argued that his vehicle was inoperable such that he lacked care and control.
The court held that credibility findings by the trial judge were entitled to deference and disclosed no palpable or overriding error.
The appellant had not raised a s. 11(b) issue at trial and provided no evidentiary basis for such a claim.
The evidence supported the finding that the appellant had care and control of an operable vehicle while impaired.
