The appellant appealed as of right from a British Columbia Court of Appeal decision that allowed a Crown appeal from an acquittal on a charge of criminal negligence in the operation of a motor vehicle causing death and ordered a new trial.
The Supreme Court of Canada dismissed the appeal, agreeing with the Court of Appeal that the trial judge misdirected the jury on causation.
The Court declined to rule on the admissibility of the blood test, leaving that determination to the judge at the new trial in light of recent Supreme Court jurisprudence.
