What is the standard of care and attention for a careless driver?

Nova Scotia, Canada


The following excerpt is from R. v Urquhart, 2019 NSSC 230 (CanLII):

Similarly, in Skowronnek v. R. (1980), 9 M.V.R. 36, 1980 CarswellSask 18 (Dist. Ct.), the court said, at para. 3: 3 … One statement of the general rule is that the question is a simple one of fact — was the defendant exercising that degree of care and attention that a reasonable and prudent driver would exercise in the circumstances? To support this charge, the evidence must be such as to prove beyond a reasonable doubt that the appellant drove without due care and attention. In some prosecutions, a consideration of standard of skill creeps in in light of an accident in the background. The case law has emerged from the accident context. It is, however, an objective standard of "care and attention" not related to the degree of proficiency or experience of the particular accused that is involved, and evidence that the accused has, for example, a good record as a careful driver has been held not relevant. Speed may be an element, and an important element, of the offence of careless driving. It is not necessary for me to consider speed per se, in the circumstances of this case. In broad fashion, the conduct of the appellant must have been such in nature that it can be considered a breach of duty to the public and deserving of punishment. Differing views have been taken of the last statement…

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