Establishing Care and Control of Motor Vehicle (Realistic Risk of Danger)
Presumption of Care & Control Section 258(1)(a) of the Code provides that an accused person who is found occupying the driver’s seat of a vehicle is presumed to be in care and control of the vehicle unless the person establishes that he did not occupy the seat for the purpose of setting the vehicle in motion. If the accused rebuts this presumption, the onus shifts back to the Crown to establish care and control beyond a reasonable doubt. Criminal Code 258 (1) (a) where it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a motor vehicle…the accused shall be deemed to have had the care or control of the vehicle… unless the accused establishes that the accused did not occupy that seat or position for the purpose of setting the vehicle…in motion… Realistic risk is a low threshold and, in the absence of evidence to the contrary, will normally be the only reasonable inference where the Crown e...