New & Notable: Driving impaired not a marked departure? Not that it's the test anyway...

Suggashie was acquitted after trial of impaired operation of a motor vehicle contrary to s 253(1)(a) of the Criminal Code.

The trial was held in the First Nation territory of Pikangikum.


On appeal [2012 ONSC 22929], which was held in absentia, the Crown argued two grounds:


First, that the trial judge erred in law in finding that issue at trial was whether the conduct of the accused demonstrated a marked departure from that of a normal person.

Second, that the trial judge erred in finding that First Nations peacekeepers are peace officers with all the rights and responsibilities that such a designation entails.

Read More