The accused was charged with impaired operation of a vessel causing death, operating a vessel with more than 80 mg of alcohol in 100 ml of blood, dangerous operation of a vessel, and criminal negligence causing death.
The central issue was whether a canoe constitutes a "vessel" under Part VIII of the Criminal Code.
The court held that the term "vessel" includes canoes and other vessels propelled exclusively by muscular power.
The decision considered statutory interpretation principles, legislative history, federal maritime legislation, and the purpose of the Criminal Code provisions protecting public safety on Canadian waterways.
