The accused was charged with having care or control of a vehicle while impaired by a drug (inhalant) on June 3, 2016.
The Crown alleged the accused was in the driver's seat of a running vehicle while under the influence of aerosol inhalants.
The defence argued the accused did not have care or control as defined by the Supreme Court of Canada in R. v. Boudreault.
The court found that although the accused was impaired and in the driver's seat, there was no realistic risk of danger because the accused had a clear plan to remain parked until the effects wore off, the vehicle had a standard transmission with an engaged parking brake requiring multiple discrete acts to set in motion, and the accused's impairment was short-lived with rapid recovery.
The accused was acquitted.
