R. v. Russell
- Citation
- [1997] 1 SCR 356
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 21 February 1997
- Posture
- Criminal Appeal / Appeal as of Right to the Supreme Court of Canada From the Alberta Court of Appeal; Final Judgment
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 21 February 1997
- Posture
- Criminal Appeal / Appeal as of Right to the Supreme Court of Canada From the Alberta Court of Appeal; Final Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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. ShellnuttHer Majesty The Queen
Respondent Counsel: Goran TomljanovicAmounts and remedies
- Case Number: 25,214
03
Procedural history
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
- 01
Whether the trial judge misapplied the legal standard for dangerous driving causing death
- 02
Whether the trial judge imposed a different standard of care than that required by R. v. Hundal
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 21 February 1997
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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