Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Criminal law - Appeals - Offences - Elements of offence - Care or control of motor vehicle while impaired by alcohol - Care or control of motor vehicle while concentration of alcohol in blood exceeds 80mg in 100ml - Whether Summary Conviction Appeal Court and Court of Appeal erred by substituting their own views of the evidence for that of the trial judge - Scope of the “risk factor” of setting a motor vehicle in motion in care or control cases - Criminal Code, R.S.C. 1985, c. C-46, ss. 253(a) and (b).

The Applicant stopped his car beside a highway to change a flat tire. After changing the tire he noticed another tire was deflated. He unsuccessfully tried to contact his daughter to arrange an alternate ride home. He then began to consume alcohol. He testified that he drank three or four thermal cups of vodka, each cup one-third full. The arresting police officer testified that while he approached the Applicant’s car in his cruiser, he saw the Applicant get into the car, sit in the driver's seat and close the door. The officer thought the engine was running when he arrived. He found the keys in the ignition and the ignition was turned on. The Applicant testified that he had turned the ignition on to charge his cell phone but he did not concede that he had turned the car’s engine on. The officer detected a strong odour of alcohol and the Applicant’s eyes were red and glossy. The officer arrested the Applicant for care and control of a motor vehicle while impaired and care or control of a motor vehicle while having a blood/alcohol level in excess of 80mg/100ml. At the police station after his arrest, breathalyser tests indicated blood/alcohol concentrations of 172mg/100ml and 173 mg/100ml.