Care and Control Charge Dismissed – No Realistic Risk of Danger

We obtained surveillance footage from surrounding businesses and carefully reviewed all officer notes. Witness statements were also analyzed to determine whether the vehicle had been observed in motion.

We assessed whether the facts supported a realistic risk that the vehicle could be set in motion. The legal test required more than mere presence behind the wheel.

During cross-examination, we required officers to clarify what they actually observed versus what they assumed. They acknowledged never seeing the engine running or the vehicle moving.

We submitted that the Crown must prove a real, not speculative, risk of danger. The evidence, taken at its highest, did not meet that threshold.