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The court upheld the presumption of care and control for an immoveable vehicle but acquitted on impairment.
The defendant was charged with care and control of a motor vehicle while impaired and while his blood alcohol concentration exceeded the legal limit.
The defendant was found in the driver's seat of a vehicle stuck in a flower bed with a bent front axle.
The Crown sought to rely on the statutory presumption of care and control under section 258(1)(a) of the Criminal Code.
The defendant challenged the admissibility of breath samples on Charter grounds and argued that the vehicle's inoperability defeated the presumption of care and control.
The court found no Charter breach, upheld the presumption of care and control, but acquitted on the impairment charge due to insufficient evidence of impairment beyond a reasonable doubt.
Accused found guilty of over 80 after being found in running vehicle stuck in flower bed.
The accused was found in the driver's seat of a vehicle stuck in a flower bed with the engine running.
He was charged with impaired driving and operating a vehicle with a blood alcohol concentration over 80.
The court dismissed the accused's Charter application under ss. 10(a) and 10(b), finding he was not detained prior to his formal arrest.
The court also found the accused had care and control of the vehicle, as the vehicle was operable despite being temporarily immoveable, triggering the statutory presumption.
The accused was found guilty of the over 80 charge but acquitted of impaired driving due to a lack of expert evidence linking his blood alcohol level to impairment.
Summary judgment Motion granted
A status review application under the Child and Family Services Act concerning a child who had been in the care of the Children's Aid Society.
The society sought a Crown wardship order with no access, while the respondent mother sought the return of the child to her care.
The court determined that a further order was necessary to protect the child and that the society had met its onus on a summary judgment motion to demonstrate there was no genuine issue for trial.
The court found that the mother had failed to address the risks to the child, had not consistently engaged with counselling services despite court orders, and had demonstrated significant ambivalence toward parenting through inconsistent access patterns.
The court granted the Crown wardship order with no access, finding that the mother had not satisfied the statutory test for access to a Crown ward.
The court dismissed the appeal, finding the trial justice properly applied the credibility test and adequately explained the careless driving conviction.
Appeal from a conviction for careless driving contrary to section 130 of the Highway Traffic Act.
The appellant was charged after stopping his tractor trailer abruptly in a live lane of traffic on Trafalgar Road while being signalled to pull over by a provincial offences officer.
The sole ground of appeal was that the Justice of the Peace failed to properly apply the test in R. v. W. (D.).
The appellate court upheld the conviction, finding that the Justice of the Peace correctly applied the law and that the evidence supported the findings of guilt.
