Top Five 2013: R v Boudreault

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

R v Boudreault, 2012 SCC 56, [2012] 3 SCR 157

Donald Boudreault was too intoxicated to drive, so he waited for a taxi in his own truck and turned the engine on to stay warm. He fell asleep and was subsequently arrested for having care and control over a vehicle while intoxicated. While Mr. Boudreault’s impairment was undisputed, it was less clear how much of a risk to persons or property he posed in his condition. In this case, the Supreme Court of Canada considered whether a realistic chance of causing damage or injury is necessary to convict someone of operating a vehicle while intoxicated and, if so, what conditions might present such a risk. The full decision is available here.