R. v. M.S., (2003) 301 N.R. 196 (SCC)

• Judge: Iacobucci, Major, Bastarache, Binnie and Arbour, JJ.
• Court: Supreme Court (Canada)
• Case Date: March 13, 2003
• Jurisdiction: Canada (Federal)
• Citations: (2003), 301 N.R. 196 (SCC);2003 SCC 11;170 OAC 82;[2003] 1 SCR 125;10 CR (6th) 9;301 NR 196;172 CCC (3d) 508

R. v. M.S. (2003), 301 N.R. 196 (SCC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2003] N.R. TBEd. MR.042

Her Majesty the Queen v. M.S.

(29251; 2003 SCC 11; 2003 CSC 11)

Indexed As: R. v. M.S.

Supreme Court of Canada

Iacobucci, Major, Bastarache, Binnie and Arbour, JJ.

March 13, 2003.

Summary:

A young offender was charged with three counts of criminal negligence causing death, one count of criminal negligence causing bodily harm, three counts of dangerous driving causing death and one count of dangerous driving causing bodily harm. The trial judge acquitted the youth on all counts. The Crown appealed the acquittals on the dangerous driving counts.

The Ontario Court of Appeal, Laskin, J.A., dissenting, in a decision reported at 160 O.A.C. 184, dismissed the appeal. The Crown appealed.

The Supreme Court of Canada dismissed the appeal.

Criminal Law - Topic 1391

Motor vehicles - Dangerous driving - What constitutes - A youth driving on a rural road passed a school bus while travelling at 100 km/h, twice the posted speed limit -Approximately two kms later, he drove through a stop sign and collided with another vehicle, killing its three occupants and badly injuring his passenger - The trial judge could not make a finding as to the youth's actual speed at the time of the collision - She found that the stop sign was difficult to see because it was angled slightly to the right and near an evergreen tree - However, she also found that "in all likelihood" had the youth not been speed­ing he would have seen the stop sign - The trial judge acquitted the youth of three counts of dangerous driving causing death and one count of dangerous driving caus­ing bodily harm because she was unable to find beyond a reasonable doubt that the youth's conduct amounted to dangerous driving - The Supreme Court of Canada affirmed the acquittals.

Criminal Law - Topic 1391.2

Motor vehicles - Dangerous driving - Causing death or bodily harm - [See Criminal Law - Topic 1391 ].

Counsel:

Thomas D. Galligan, for the appellant;

Michael H. O'Brien and Matthew Wells, for the respondent.

Solicitors of Record:

Not disclosed.

This appeal was heard by Iacobucci, Major, Bastarache, Binnie and Arbour, JJ., of the Supreme Court of Canada. Iacobucci, J., delivered the following oral judgment in both official languages on March 13, 2003.