What is the test for a driver to be convicted of dangerous driving?

Saskatchewan, Canada


The following excerpt is from R. v. Fernets, 1963 CanLII 343 (SK QB):

The crux of the matter is the manner of driving. If he is to be convicted, the conviction must be for the manner in which he drove. He must be found to have been driving without due care and attention of without reasonable consideration for other persons. There must be knowledge on the part of the driver that danger is involved or the manner of driving and the surrounding circumstances must have been such that in the circumstances the driver should have known that his manner of driving was dangerous. There is implied, to quote from Brown, C.J.K.B. in Rex v. Karasick 1950 CanLII 144 (SK QB), [1950] 2 WWR 399, at 401: “ * * * an action or lack of action involving a danger to others and the driver knows or ought to know of such danger and fails to take reasonable precautions to guard against same.”

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