R. v. Russell, [1997] 1 S.C.R. 356

Cameron Lee Russell Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Russell

File No.: 25214.

1997: February 21.

Present: Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for alberta

Criminal law ‑‑Motor vehicles ‑‑ Dangerous driving causing death ‑‑ Trial judge properly applying elements of offence ‑‑ Conviction affirmed.

Cases Cited

Referred to: R. v. Hundal, [1993] 1 S.C.R. 867.

APPEAL from a judgment of the Alberta Court of Appeal (1996), 1996 ABCA 68, 181 A.R. 115, 116 W.A.C. 115, 21 M.V.R. (3d) 111, dismissing the accused’s appeal from his conviction for dangerous driving causing death. Appeal dismissed.

Roy D. Shellnutt, for the appellant.

Goran Tomljanovic, for the respondent.

The judgment of the Court was delivered orally by

[1] Major J. ‑‑ We are all of the opinion that this appeal as of right must be dismissed.

[2] We agree with Côté J.A. of the Alberta Court of Appeal that while routine skills are required of automobile drivers, the trial judge did not impose a different standard of care on the appellant but properly applied the elements of this offence as set out in R. v. Hundal.

Judgment accordingly.

Solicitors for the appellant: Shellnutt McKenna Bryant, Calgary.

Solicitor for the respondent: The Attorney General for Alberta, Calgary.