How has the trial judge considered the totality of evidence at trial for impaired driving?

Ontario, Canada


The following excerpt is from R. v. Uduma, 2019 ONSC 2350 (CanLII):

The trial judge considered individual pieces of evidence in isolation, drew a number of conclusions, and then summarized his final conclusion upon considering the totality of the evidence – which, in effect, is a consideration of individual pieces of evidence in conjunction with one another. He stated, at pp. 87 (lines 14-33) and 88 (lines 1-2) of his reasons for decision: In the end, when I consider the charge of impaired driving, I find that the indicia of impairment are not overwhelming. But when I look at all the indicia cumulatively, and I include in that the fumbling with the pink slip of the insurance and the eyes, but in particular the odour of alcohol, the operation of the motor vehicle, the slow and deliberate movements, and the speech being slurred and slow, it is my view that Regina v. Stellato is applicable. And that case, as we all know, indicates that any degree of impairment, slight to great, is sufficient to ground this offence. While I would find that the degree of impairment exhibited by this accused was on the lower end, I find that it was still impairment and am satisfied beyond a reasonable doubt that he is guilty of the charge of impaired driving.

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