R. v. McCrea, 2015 ABQB 222 per Schutz, J:
Appeal from conviction on charge of impaired care or control. Accused originally charged with driving, but, trial judge convicted of the included offence of care or control. Accused found walking around his vehicle after an accident, asking a civilian: “… can you give me a tug? I’m good to go.”
Held: Appeal dismissed.
Accused was sufficiently informed of the case to meet. Reasonable to conclude that a conviction may be sought for the included offence of care or control in the circumstances. Regarding the trial judge’s finding that there was a “realistic risk” that the vehicle could be set in motion, whether a realistic risk of danger exists is a finding of fact. “In R. v. Ogrodnik, 2007 ABCA 161, the Alberta Court of Appeal noted that the risk may arise in many combinations of an impaired individual and a vehicle.”
P. Northcott – Defence Counsel