R. v. Bear, (1979) 2 Sask.R. 178 (CA)

• Judge: Woods, Brownridge and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: May 09, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 2 Sask.R. 178 (CA)

R. v. Bear (1979), 2 Sask.R. 178 (CA)

MLB headnote and full text

R. v. Bear

(No. 8088)

Indexed As: R. v. Bear

Saskatchewan Court of Appeal

Woods, Brownridge and Bayda, JJ.A.

May 9, 1979.

Summary:

This case arose out of a charge of having an excessive blood alcohol content while in the care and control of a motor vehicle contrary to s. 236 of the Criminal Code. The trial judge dismissed the charge because the Crown failed to prove that the accused intended to drive or intended to put the vehicle in motion. The Crown appealed by way of stated case to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal allowed the appeal, set aside the acquittal of the accused and remitted the case to the trial judge. The Court of Appeal held that on a charge of having care and control of a motor vehicle contrary to s. 236 of the Criminal Code, it was not essential for the Crown to prove that the accused intended to drive or put the vehicle in motion.

Criminal Law - Topic 1368

Motor vehicles - Impaired driving - Care and control, evidence - Charge of having an excessive blood alcohol content while in the care and control of a motor vehicle contrary to s. 236 of the Criminal Code - The Saskatchewan Court of Appeal held that the Crown could prove care and control by the accused on such a charge without proving that the accused intended to drive or put the vehicle in motion.

Cases Noticed:

R. v. Donald (1971), 14 C.R.N.S. 17, refd to. [paras. 2, 18].

R. v. Bennett (1970), 1 N.S.R.(2d) 905; 11 C.R.N.S. 180, refd to. [paras. 3, 19].

R. v. King, [1962] S.C.R. 746, refd to. [paras. 3, 19].

R. v. Henley, [1963] 3 C.C.C. 360, refd to. [para. 3].

R. v. McPhee; R. v. Mullen (1975), 30 C.R.N.S. 4, not folld. [para. 4].

Price v. R. (1978), 21 N.B.R.(2d) 532; 37 A.P.R. 532; 2 C.R.(3d) 277, refd to. [paras. 5, 20].

Regina ex rel Cheavins v. Despins, [1974] 6 W.W.R. 81, refd to. [paras. 6, 21].

R. v. Kay, [1977] 3 W.W.R. 284, refd to. [paras. 6, 22].

R. v. McPhee; R. v. Mullen (1976), 25 C.C.C.(2d) 412, not folld. [para. 24].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236(1) [para. 14].

Counsel:

Kenneth W. MacKay, for the Crown, appellant;

William R. Howe, for the respondent.

This appeal was heard by WOODS, BROWNRIDGE and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Saskatchewan Court of Appeal was delivered at Regina, Saskatchewan, on May 9, 1979 and the following opinions were filed:

BAYDA, J.A. - see paragraphs 1 to 9;

WOODS, J.A. - see paragraphs 10 to 34.

BROWNRIDGE, J.A., concurred with BAYDA, J.A.