Canada Judgment

Supreme Court of Canada

R. v. Russell

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01

Holding and result

The trial judge correctly applied the elements of the offence as set out in R. v. Hundal, did not impose a different standard of care on the appellant, and therefore the conviction for dangerous driving causing death is affirmed.

Court disposition

Appeal dismissed; conviction for dangerous driving causing death upheld.

Orders

  • Appeal dismissed
  • Conviction for dangerous driving causing death affirmed

02

Material facts

Parties

Cameron Lee Russell

Appellant Counsel: Roy D. Shellnutt

Her Majesty The Queen

Respondent Counsel: Goran Tomljanovic

Amounts and remedies

  • Case Number: 25,214

03

Procedural history

  1. Posture

    Criminal Appeal / Appeal as of Right to the Supreme Court of Canada From the Alberta Court of Appeal; Final Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant submitted that the trial judge imposed a different and incorrect standard of care and thus misapplied the elements of the offence as articulated in R. v. Hundal.
Respondent
Crown submitted that the trial judge correctly applied the elements of dangerous driving causing death as set out in R. v. Hundal and that routine driving skills do not change the legal standard; conviction should be upheld.

05

Court’s reasoning

  1. 01

    R. v. Hundal, [1993] 1 S.C.R. 867

    Dangerous driving causing death is assessed by the objective standard articulated in R. v. Hundal.

  2. 02

    R. v. Russell, [1997] 1 S.C.R. 356

    While drivers are expected to have routine driving skills, this expectation does not alter the legal standard of culpability for dangerous driving.

06

Ratio, limits and disposition

Ratio decidendi

The trial judge correctly applied the elements of the offence as set out in R. v. Hundal, did not impose a different standard of care on the appellant, and therefore the conviction for dangerous driving causing death is affirmed.

Court disposition

Appeal dismissed; conviction for dangerous driving causing death upheld.

  • Appeal dismissed
  • Conviction for dangerous driving causing death affirmed

Source and reliance status

Supreme Court of Canada · 21 February 1997

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Judgment text

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Source document

Supreme Court of Canada

Judgment· 21 February 1997

[1997] 1 SCR 356

R. v. Russell Collection Supreme Court Judgments Date 1997-02-21 Report [1997] 1 SCR 356 Case number 25214 Judges Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C. On appeal from Alberta Subjects Criminal law Notes SCC Case Information: 25214 Decision Content R. v. Russell, [1997] 1 S.C.R. 356 Cameron Lee Russell Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Russell File No.: 25214. 1997: February 21. Present: Gonthier, Cory, McLachlin, Iacobucci and Major JJ. on appeal from the court of appeal for alberta Criminal law ‑‑Motor vehicles ‑‑ Dangerous driving causing death ‑‑ Trial judge properly applying elements of offence ‑‑ Conviction affirmed. Cases Cited Referred to: R. v. Hundal, [1993] 1 S.C.R.

867. APPEAL from a judgment of the Alberta Court of Appeal (1996), 181 A.R. 115, 116 W.A.C. 115, 21 M.V.R. (3d) 111, dismissing the accused’s appeal from his conviction for dangerous driving causing death. Appeal dismissed. Roy D. Shellnutt, for the appellant. Goran Tomljanovic, for the respondent. The judgment of the Court was delivered orally by 1 Major J. ‑‑ We are all of the opinion that this appeal as of right must be dismissed. 2 We agree with Côté J.A. of the Alberta Court of Appeal that while routine skills are required of automobile drivers, the trial judge did not impose a different standard of care on the appellant but properly applied the elements of this offence as set out in R. v. Hundal. Judgment accordingly. Solicitors for the appellant: Shellnutt McKenna Bryant, Calgary. Solicitor for the respondent: The Attorney General for Alberta, Calgary.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

R. v. Hundal, [1993] 1 S.C.R. 867

Case cited

R. v. Russell, [1997] 1 S.C.R. 356

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