What is the test for having the intention to drive a vehicle?
Nova Scotia, Canada
The following excerpt is from R. v. MacDonald, 2013 NSPC 18 (CanLII):
Even so, it should be clear that it is settled law that the intention to drive the vehicle is not an essential element of the offence. See: Ford v. The Queen, 1982 CanLII 16 (SCC), [1982] 1 S.C.R. 231. Thus, as a matter of law, a person found in the driver’s seat of a vehicle is presumed to have its care or control unless he can establish that he did not occupy that seat for the purpose of setting it in motion. See: Criminal Code s. 258 (1) (a).
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