23. For the purpose of this charge it is not necessary to exhaustively define the distinctions between these varying levels of culpability. However, I note the leading case of Regina v. Hundal, Justice Cory, in speaking for the majority stated that: “Thus it is clear that the basis of liability for dangerous driving is negligence. The question to be asked is not what the accused subjectively intended, but rather whether, viewed objectively, the accused exercised the appropriate standard of care. It is not overly difficult to determine when a driver has fallen markedly below the acceptable standard of care. There can be no doubt that the concept of negligence is well understood and recognized by Canadians. Negligent driving can be thought of as a continuant that progresses or regresses, from a momentary lack of attention, giving rise to civil responsibility through careless driving under a Provincial Highway Traffic Act to dangerous driving under the Criminal Code.”
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