Can intent be considered as part of the risk analysis?
Alberta, Canada
The following excerpt is from ASN (Re), 2014 ABTSB 243 (CanLII):
31. Although the intention to drive is not an essential component of care or control, intent can be considered as part of the risk analysis, particularly if intent not to drive is supported by an alternate plan. The impact of an alternate plan will depend on if the plan is objectively concrete and reliable and if the plan was in fact implemented by the Appellant (R v. Boudreault at paragraphs 51-52).
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