Does the presumption of care or control under s. 237(1)(a) of the Criminal Code apply to a motor vehicle accident?
British Columbia, Canada
The following excerpt is from R. v. Toews, 1983 CanLII 372 (BC CA):
In Ford v. R., the accused had been in and out of the motor vehicle numerous times during the course of the evening, and had also turned the motor of his vehicle on and off a number of times because of cold weather. These series of acts were held to be "all additional" factors tending to establish care or control so that under the particular circumstances of this case rebuttal of the presumption created by s. 237(1)(a) is far from conclusive on the issue of guilt or innocence of the appellant": Ritchie J. at p. 399.
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