R. v. Steuart (N.), 2014 MBCA 98

Citation: R. v. Steuart (N.), 2014 MBCA 98 Date: 20141022 Docket: AR 13-30-07975 IN THE COURT OF APPEAL OF MANITOBA Coram: Chief Justice Richard J. Chartier Madam Justice Diana M. Cameron Mr. Justice Christopher J. Mainella BETWEEN : HER MAJESTY THE QUEEN ) ) G. L. Bauman ) for the Appellant (Appellant) Respondent ) ) N. P. Steen - and - ) for the Respondent ) NATHAN STEUART ) Appeal heard and ) Decision pronounced: ) October 22, 2014 (Accused) (Respondent) Appellant ) CAMERON J.A. (for the Court): [ 1 ] The narrow issue on this

summary conviction appeal is whether the trial judge’s acquittals of the accused for care and control while impaired and while over .08 is consistent with the subsequent decision of the Supreme Court of Canada in R. v. Boudreault , 2012 SCC 56 , [2012] 3 S.C.R. 157 . [ 2 ] The trial judge made findings of fact and credibility that were open to him. In effect, he considered the three ways set out in Boudreault that an impaired driver who is in care and control of a vehicle may pose a realistic risk of danger even though he does not intend to drive ( Boudreault at para. 42 ).

We have not been persuaded that he erred in law in his consideration and application of the essential elements of care and control. [ 3 ] Therefore, we allow the appeal and restore the acquittals. J.A. C.J.M. J.A.