What is the standard of care of a driver who puts a person in gear with a person on the hood of their car?

The trial judge did not make a specific finding that the appellant’s driving represented a marked departure from the norm. This omission in this case means that the trial judge failed to analyze the extent to which the appellant’s physical act was a marked departure from the norm. Deschamps J.A. in Palin is clear that both the physical and mental elements of the offence must meet a higher standard than that of dangerous driving. This higher standard has been described as a marked and substantial departure from the standard of care of a reasonable person: Waite v. The Queen (1989), 1989 CanLII 104 (SCC), 48 C.C.C. (3d) 1 (S.C.C.) at 5. It is not self-evident that the appellant’s act of putting the car in gear with a person on the hood satisfies this higher standard.