R. v. Stellato (T.), (1994) 168 N.R. 190 (SCC)

• Judge: Sopinka, Cory, McLachlin, and Major, JJ.
• Court: Supreme Court (Canada)
• Case Date: June 13, 1994
• Jurisdiction: Canada (Federal)
• Citations: (1994), 168 N.R. 190 (SCC);[1994] 2 SCR 478;1994 CanLII 94 (SCC);18 OR (3d) 800;31 CR (4th) 60;90 CCC (3d) 160;168 NR 190;[1994] CarswellOnt 84;[1994] SCJ No 51 (QL);3 MVR (3d) 1;72 OAC 140

R. v. Stellato (T.) (1994), 168 N.R. 190 (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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Tonino Stellato (appellant) v. Her Majesty the Queen (respondent)

(23454)

Indexed As: R. v. Stellato (T.)

Supreme Court of Canada

Lamer, C.J.C., La Forest, L'Heureux-Dubé,

Sopinka, Cory, McLachlin, and Major, JJ.

June 13, 1994.

Summary:

Stellato appealed his conviction for having care and control of a motor vehicle while impaired. The issue on the appeal involved the determination of the standard of proof required for a conviction for impaired driv­ing. Stellato argued that the Crown was required to prove that his conduct demon­strated a marked departure from that of a normal person.

The Ontario Court of Appeal, in a decision reported at 61 O.A.C. 217, dismissed the appeal. Stellato appealed.

The Supreme Court of Canada dismissed the appeal.

Criminal Law - Topic 1362

Motor vehicles - Impaired driving - Evi­dence and proof - Stellato appealed his conviction for having care and control of a motor vehicle while impaired, arguing that in order to prove impairment, the Crown was required to show that his con­duct dem­onstrated a marked departure from that of a normal person - The Ontario Court of Appeal dismissed the appeal, where there was sufficient evidence to find that the Crown had proved beyond a reasonable doubt that Stellato's ability was impaired - The court held that im­pairment was an issue of fact for the trial judge to decide on the evidence and that if the evidence established any degree of impairment ranging from slight to great, the offence was made out - The Supreme Court of Canada affirmed the decision.

Criminal Law - Topic 1363

Motor vehicles - Impaired driving - Meaning of impairment "by alcohol or drug" - [See Criminal Law - Topic 1362 ].

Counsel:

Maurizio Stellato and Gaetano Matteazzi, for the appellant;

F. Richard Connolly, for the respondent.

This appeal was heard on June 13, 1994, before Lamer, C.J.C., La Forest, L'Heureux-Dubé, Sopinka, Cory, McLachlin and Major, JJ., of the Supreme Court of Canada. The decision of the court was delivered orally in both official languages, by Lamer, C.J.C., on June 13, 1994.