What is the test for putting a vehicle in motion?
Alberta, Canada
The following excerpt is from J. A. G. (Re), 2013 ABTSB 87 (CanLII):
39. The risk of putting the vehicle in motion must be a realistic risk; the risk must be more than theoretically possible but does not have to be probable or even substantial (R v. Boudreault at paragraph 34).
40. Although the intention to drive is not an essential component of care or control, intent can be considered as part of the risk analysis, particularly if intent not to drive is supported by an alternate plan. The impact of an alternate plan will depend on if the plan is objectively concrete and reliable and if the plan was in fact implemented by the Appellant (R v. Boudreault at paragraphs 51-52).
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