R. v. Bisson (S.C.), (2016) 376 N.S.R.(2d) 27 (PC)

• Judge: Gabriel, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: May 04, 2016
• Jurisdiction: Nova Scotia
• Citations: (2016), 376 N.S.R.(2d) 27 (PC);2016 NSPC 44

R. v. Bisson (S.C.) (2016), 376 N.S.R.(2d) 27 (PC);

    1185 A.P.R. 27

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. AU.004

Her Majesty the Queen v. Sean Colin Bisson

(Nos. 2878435; 2878436; 2016 NSPC 44)

Indexed As: R. v. Bisson (S.C.)

Nova Scotia Provincial Court

Gabriel, P.C.J.

May 4, 2016

Summary:

The accused was charged with having care or control of a motor vehicle while impaired and while having an excessive blood-alcohol level, contrary to ss. 253(1)(a) and 253(1)(b) of the Criminal Code.

The Nova Scotia Provincial Court found the accused not guilty of the charges.

Criminal Law - Topic 1368

Offences against person and reputation - Motor vehicles - Impaired driving - Care or control or operating - What constitutes - The accused had an altercation with the owner of property - The police were called - The owner told the accused to get off his property - The accused got in his car with his two children and waited for the police to arrive - The car was parked on the street - The engine was not running - The accused's daughter testified that the accused gave her the key to the car while they were in the car - The accused testified that he gave her the key before going to the car and instructed her to give it to his mother when she arrived, so that she could move the car - He stated that at no time did he occupy the driver's seat with a key in his possession after he had consumed the alcohol - But for the altercation, the accused's plan had been to call his parents to pick him up later in the evening - When the police arrived, the accused exited his car and approached them - The police noted indicia of impairment - After the accused was arrested, his mother arrived and moved his car - The Nova Scotia Provincial Court found the accused not guilty of having care or control of a motor vehicle while impaired and while having an excessive blood-alcohol level - Under the accused's scenario, he had no ability to start the car - Under his daughter's scenario, he undoubtedly knew that the police would arrive momentarily - The court was satisfied that he did not intend to put the car in motion as he was unlikely to flee with his children in the car - That sufficed to dispel the presumption created by s. 258(1) of the Criminal Code - The Crown therefore had to establish care or control without the benefit of the presumption - The court was not satisfied that the accused possessed the means, while in the car, to have done anything with it, much less to have set it in motion - Even if the court accepted the daughter's evidence, it would have been left in reasonable doubt as to whether the Crown had established the existence of a realistic risk of danger to people and or property in the area.

Counsel:

Cheryl Byard, for the Crown;

Luke Merrimen, for the defence.

This matter was heard at Dartmouth, Nova Scotia, on April 4 and May 4, 2016, by Gabriel, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment orally on May 4, 2016.