What is the test for setting a vehicle in motion without the intention of setting it in motion?
Saskatchewan, Canada
The following excerpt is from R. v. Bird, 1999 CanLII 12387 (SK PC):
6. Care or control of a vehicle may be exercised without the intention of setting it in motion: “... where an accused performs some act or series of acts involving the use of the care, its fittings or equipment, such as occurred in this case, thereby the vehicle may unintentionally be set in motion creating the danger the section is designed to prevent.” Ford v. The Queen, (1982) 1982 CanLII 16 (SCC), 65 C.C.C. (2d), 392, 399.
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