R. v. Hall (S.J.), (1994) 125 Sask.R. 62 (CA)

• Judge: Bayda, C.J.S., Lane and Jackson, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: October 12, 1994
• Jurisdiction: Saskatchewan
• Citations: (1994), 125 Sask.R. 62 (CA);1994 CanLII 4630 (SK CA);1994 CanLII 4630 (BS SC);[1994] SJ No 527 (QL);125 Sask R 62

R. v. Hall (S.J.) (1994), 125 Sask.R. 62 (CA);

    81 W.A.C. 62

MLB headnote and full text

Her Majesty The Queen (respondent) Sandy J. Hall (appellant)

(Appeal File: 6303)

Indexed As: R. v. Hall (S.J.)

Saskatchewan Court of Appeal

Bayda, C.J.S., Lane and Jackson, JJ.A.

October 12, 1994.

Summary:

The accused appealed his conviction for operating a motor vehicle while his ability to do so was impaired.

The Saskatchewan Court of Queen's Bench, in a decision reported at 118 Sask.R. 311, dismissed the appeal. The accused appealed.

The Saskatchewan Court of Appeal dis­missed the appeal.

Criminal Law - Topic 1362

Motor vehicles - Impaired driving - Evi­dence and proof - The accused was con­victed of operating a motor vehicle while his ability to do so was impaired - A police officer had observed bizarre out of control driving by the accused for a city block - The accused also smelled of liquor, had blood-shot eyes and was unsteady - The trial judge accepted the ac­cused's explanation that his cruise con­trol had malfunctioned, but found that there was only one reason why the accused continued to drive in that condition, and that was that his ability to make proper decisions was impaired by alcohol - The Saskatchewan Court of Appeal affirmed the trial judge's assessment.

Criminal Law - Topic 1362

Motor vehicles - Impaired driving - Evi­dence and proof - [See Criminal Law - Topic 1363 ].

Criminal Law - Topic 1363

Motor vehicles - Impaired driving - Meaning of impairment "by alcohol or a drug" - An accused appealed his convic­tion for impaired driving, arguing that he could not be convicted of impaired driving unless there had been an express finding that his behaviour and physical character­istics demonstrated a "marked departure from the norm" - The Saskatchewan Court of Appeal held that since the decision of the Supreme Court of Canada in R. v. Stellato (T.) the accused's argument was without merit - In Stellato the court con­cluded that impairment of ability was an issue of fact to be determined on all the evidence beyond a reasonable doubt.

Cases Noticed:

R. v. Gibson (1992), 100 Sask.R. 88; 18 W.A.C. 88; 36 M.V.R.(2d) 144 (C.A.), refd to. [para. 2].

R. v. Stellato (T.) (1993), 61 O.A.C. 217; 78 C.C.C.(3d) 380 (C.A.), affd. [1994] 2 S.C.R. 478; 168 N.R. 190; 72 O.A.C. 140, folld. [para. 3].

R. v. McKenzie (1955), 111 C.C.C. 317 (Alta. Dist. Ct.), refd to. [para. 6].

R. v. Gartner (1992), 99 Sask.R. 74 (Prov. Ct.), refd to. [para. 6].

R. v. McCallum (H.), [1994] 7 W.W.R. 107; 119 Sask.R. 289 (Q.B.), revd. (1994), 125 Sask.R. 77; 81 W.A.C. 77 (C.A.), refd to. [para. 7].

R. v. Campbell (W.S.) (1991), 87 Nfld. & P.E.I.R. 269; 271 A.P.R. 269; 26 M.V.R.(2d) 319 (P.E.I.C.A.), refd to. [para. 8].

R. v. White (G.) (1994), 130 N.S.R.(2d) 143; 367 A.P.R. 143; 28 C.R.(4th) 160 (C.A.), refd to. [para. 8].

R. v. Morin, [1988] 2 S.C.R. 345; 88 N.R. 161; 30 O.A.C. 181; 44 C.C.C.(3d) 193; 66 C.R.(3d) 1, refd to. [para. 13].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 253(a), sect. 253(b) [para. 2]; sect. 686(1)(a)(i), sect. 839(1) [para. 12].

Counsel:

E. Komarnicki, for the appellant;

S. Folkins, for the Crown.

This appeal was heard on October 12, 1994, before Bayda, C.J.S., Lane and Jack-s­on, JJ.A., of the Saskatchewan Court of Appeal. The decision of the Court of Appeal was rendered on October 12, 1994, and the following reasons were delivered by Jackson, J.A., on October 25, 1994.