R. v. Silzer (K.P.), (2015) 468 Sask.R. 101 (PC)

JudgeKovatch, P.C.J.
CourtProvincial Court of Saskatchewan (Canada)
Case DateJanuary 14, 2015
JurisdictionSaskatchewan
Citations(2015), 468 Sask.R. 101 (PC);2015 SKPC 16

R. v. Silzer (K.P.) (2015), 468 Sask.R. 101 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. FE.022

Her Majesty the Queen v. Kenneth Peter Silzer

(Information No. 24537759; 2015 SKPC 16)

Indexed As: R. v. Silzer (K.P.)

Saskatchewan Provincial Court

Kovatch, P.C.J.

January 14, 2015.

Summary:

The accused was charged with having care and control of a motor vehicle while impaired and having care and control of a motor vehicle while his blood-alcohol content exceeded the legal limit.

The Saskatchewan Provincial Court found the accused guilty.

Criminal Law - Topic 1368

Motor vehicles - Impaired driving - Care or control or operating - What constitutes - Silzer pulled his vehicle over to the side of a highway - The shoulder was very narrow, such that the tires on the left side of the vehicle remained in the driving lane - Silzer put the vehicle in park and activated the four way flashers, but left the vehicle running - He drank several beer and then fell asleep - At 8:44 p.m., police noticed the vehicle - They found Silzer asleep in the driver's seat and slumped over the steering wheel - Silzer was charged with having care and control of a motor vehicle while impaired and while his blood-alcohol content exceeded the legal limit - He testified that he intended on sleeping the night in the vehicle and proceeding to another destination in the morning - The Saskatchewan Provincial Court found the accused guilty - In order for Silzer to cease being in care and control of the vehicle, he had to do something more than partly pull to the side of the highway, put the vehicle in park and begin drinking - See paragraphs 15 to 18.

Criminal Law - Topic 1369

Motor vehicles - Impaired driving - Care or control - General - The Saskatchewan Provincial Court summarized the following principles regarding the offence of having care and control of a motor vehicle while impaired: "1. Pursuant to s. 258(1) of the Criminal Code, where it is proved that the accused occupied the seat or position ordinarily occupied by the vehicle operator, there is a rebuttable presumption that the accused was in care and control of the vehicle. 2. The accused may rebut this presumption by providing evidence that he did not occupy the driver's seat or position for the purpose of setting the vehicle in motion. 3. If the accused provides evidence to rebut this presumption, the Court must then decide if the accused remains in de facto care and control of the vehicle. If not, then the accused has successfully rebutted the presumption and must be acquitted. If however, there was a realistic danger of the use of the fittings or the vehicle itself then the Court will conclude that the accused is in de facto care and control and will convict. 4. Each of these cases is very dependent upon its own specific facts." - See paragraph 14.

Cases Noticed:

R. v. Brahniuk (F.A.) (2002), 227 Sask.R. 135; 287 W.A.C. 135; 2002 SKCA 104, refd to. [para. 14].

R. v. Buckingham (R.A.) (2007), 293 Sask.R. 42; 397 W.A.C. 42; 2007 SKCA 32, refd to. [para. 14].

R. v. Shuparski (D.) (2003), 232 Sask.R. 1; 294 W.A.C. 1; 2003 SKCA 22, refd to. [para. 14].

R. v. Boudreault (D.) (2012), 436 N.R. 343; 2012 SCC 56, dist. [para. 14].

Counsel:

Brian Hendrickson, Q.C., for the Crown;

Dave Kreklewich, for the accused.

This matter was heard at Moose Jaw, Saskatchewan, before Kovatch, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on January 14, 2015.

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1 practice notes
  • R. v. T.J.P., (2015) 483 Sask.R. 238 (PC)
    • Canada
    • Saskatchewan Provincial Court of Saskatchewan (Canada)
    • 29 Junio 2015
    ...remember if he was wearing his seat belt. He conceded that it might have been on. Analysis and Decision [12] In the case of R. v. Silzer , 2015 SKPC 16, I also considered whether the accused was in care and control of the vehicle. In that decision, I stated: I have previously written judgme......
1 cases
  • R. v. T.J.P., (2015) 483 Sask.R. 238 (PC)
    • Canada
    • Saskatchewan Provincial Court of Saskatchewan (Canada)
    • 29 Junio 2015
    ...remember if he was wearing his seat belt. He conceded that it might have been on. Analysis and Decision [12] In the case of R. v. Silzer , 2015 SKPC 16, I also considered whether the accused was in care and control of the vehicle. In that decision, I stated: I have previously written judgme......

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