The accused was found asleep in a sleeping bag on the front seat of a parked truck with the ignition on and stereo playing.
He was legally impaired.
The Crown appealed his acquittal on the charge of having care or control of a motor vehicle while impaired.
The Supreme Court of Canada dismissed the appeal, holding that the accused was not in de facto control of the vehicle and had not performed any acts involving the use of the car or its fittings that would involve a risk of putting the vehicle in motion.
