Canada Case Law

R. v. Marchant

Court

Court of Appeal for Ontario

The Court dismissed the appeals against conviction: the appellants’ conduct—failing to recognize and treat a penetrating abdominal gunshot as a load-and-go trauma, participating in contraindicated lifts, and delaying transport—constituted multiple marked departures from the standard of care of reasonably trained primary care paramedics and negated a defence of a reasonably held mistake of fact. The Court granted Crown leave to appeal sentence but dismissed the sentence appeals and upheld the 18‑month conditional sentences.

Source excerpt

• Failure to provide necessaries of life (s.215)
• Mens rea — marked departure
• Paramedic protocols and load-and-go for penetrating trauma
• Mistake of fact defence
• Sentencing: deterrence and moral blameworthiness

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R. v. Heth-Klems

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from conviction for dangerous driving causing death, holding the trial judge properly applied the marked-departure test to the facts found.

• Dangerous driving causing death
• Mens rea - marked departure
• Standard of care
• Evaluation of factual findings
• Dangerous-driving
• Marked-departure

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R. v. White

Court

Supreme Court of British Columbia

The court acquitted Vanessa White of dangerous driving causing death, finding the Crown proved the actus reus but not a marked departure beyond a reasonable doubt.

• Dangerous driving causing death
• Mens rea - marked departure
• Actus reus
• Collision reconstruction
• Event data recorder accuracy
• Dangerous-driving-causing-death

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R. v. Hecimovic

Court

Supreme Court of British Columbia

The British Columbia Supreme Court convicted Andelina Kristina Hecimovic of two counts of dangerous driving causing death after finding her conduct was a marked departure from the required standard.

• Dangerous driving causing death
• Mens rea - marked departure
• Modified objective test
• Expert testimony
• Credibility and w.(d.) assessment
• Dangerous-driving-causing-death

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R. v. Hecimovic

Court

Supreme Court of British Columbia

The court acquitted the accused of dangerous driving causing death, finding the Crown proved dangerous acts but not the marked departure required for mens rea.

• Dangerous driving causing death
• Mens rea - marked departure
• Actus reus - manner of driving
• Standard of proof and credibility
• Dangerous-driving-causing-death
• Marked-departure

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R. v. Reynolds

Court

Court of Appeal for Ontario

Appeal allowed because the trial judge failed to perform the required meaningful mens rea analysis separating actus reus from the marked departure fault element as mandated by Beatty and Roy; the judge improperly conflated manner of operation with the mental element, leaving a reasonable doubt as to whether mens rea was established, and therefore a new trial was ordered.

Source excerpt

• Dangerous operation of a motor vehicle
• Mens rea — marked departure
• Actus reus vs mens rea
• W.(d.) credibility analysis
• Surveillance evidence

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R. v. Kowal

Court

Supreme Court of British Columbia

The court convicted Jean-Paul Kowal of dangerous driving causing death, but acquitted him of impaired driving and over-.08 BAC charges.

• Dangerous driving causing death
• Impaired driving
• Blood alcohol concentration (.08)
• Mens rea - marked departure
• Credibility of post‑accident statements
• Dangerous-driving-causing-death

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R. v. Therrien

Court

Supreme Court of British Columbia

The court acquitted Norman Fernand Therrien of dangerous driving causing death and bodily harm, finding the Crown proved objective danger but not a marked departure.

• Dangerous driving
• Mens rea - marked departure
• Actus reus - objectively dangerous driving
• Expert collision reconstruction
• Traffic signage
• Load distribution on trailers

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R. v. McIvor

Court

British Columbia Court of Appeal

The Court of Appeal upheld Brian Marland McIvor’s conviction for dangerous driving causing death, finding his sustained speeding and lane drift were a marked departure.

• Dangerous driving causing death
• Mens rea - marked departure
• Mistake of fact defence
• Road signage and notice
• Dangerous-driving-causing-death
• Mens-rea

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R. v. Delorey

Court

Supreme Court of Nova Scotia

Based on eyewitness testimony, scene reconstruction, EDR data showing very high speed and throttle behavior, blood alcohol estimates indicating likely impairment, and badly worn front tires on a wet night, the accused's driving amounted to a marked departure from the standard of care and caused the vehicle to leave the highway and strike a pole; therefore Crown proved beyond a reasonable doubt dangerous driving causing death and dangerous driving causing bodily harm.

Source excerpt

• Dangerous driving
• Causation
• Mens rea - marked departure
• Actus reus - objective standard
• Electronic data recorder (edr) evidence
• Alcohol impairment

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