In the Mallery case, the Court of Appeal of New Brunswick expressed the opinion that danger is an essential element in the offence of care and control.
The defendant had left the headlights of his vehicle turned on while he was drinking alcohol in a bar. He returned to his vehicle and started the engine to check if the batteries were dead. He got out of his vehicle and was immediately arrested by the police because he had consumed alcohol. It is forbidden under Section 254 of the Criminal Code of Canada to have care or control of a vehicle while one’s ability to drive is impaired by alcohol or a drug.
The Court of Appeal acquitted Mr. Mallery, because they considered his behaviour did not involve a risk of going anywhere with the vehicle.
Note that the Quebec Court of Appeal passed contrary judgments. The issue will perhaps be settled by the Supreme Court.
A criminal lawyer can defend you if you are charged with driving or having care and control of a vehicle with impaired faculties.
