On October 26th, 2012, the Supreme Court of Canada released their ruling in R. v. Boudreault 2012 SCC 56, clarifying the elements of proof required to show that a person is in “care and control” of a motor vehicle for the purpose of establishing that they were driving while impaired.
Factual Background
On a cold February morning, Mr. Boudreault was found sleeping in his parked vehicle by police officers and was charged with, among other things, impaired operation of a motor vehicle. He was seated in the driver’s seat with the engine running. (more…)
Does ‘care and control’ apply to someone sleeping in the backseat or passenger seat with keys in pocket?
It is possible for a person to be found in “care or control” of a vehicle even if they are sleeping in the backseat of that vehicle with the keys in their pocket. Each case must be assessed on their own facts.