Written By: Ravi Prithipaul (Criminal Defence Lawyer)
We all know that driving a motor vehicle while under the influence of alcohol or drugs is dangerous and against the law. What is less well known is that the criminal law forbids people from interacting with their vehicles, whether or not they are in motion, indeed whether or not they are capable of being set in motion, in such a way that creates danger. In short, the criminal law prohibits “care or control” of a conveyance while under the intoxicating effects of alcohol and drugs.
The concept of care or control often seems counter intuitive and it has proven surprisingly difficult to apply. Two of the earliest and most notable Supreme Court of Canada cases on the subject offer illustrations. The accused in Ford v. The Queen, 1982 CanLII 16 (SCC), [1982] 1 SCR 231, was found intoxicated in the driver’s seat of his car. The car was in a field, stationary, and there were five or six occupants. A number of other vehicles were nearby. The accused had arranged for another person to drive him home after the party. During the course of the night, the accused had entered and exited his vehicle a number of times and started the engine to keep warm. When the police arrived, the engine was not running.
