R. v. Grkovski

Summary

The Court held that an impaired boat owner may retain care or control although another person is steering, and that the inquiry covers the entire course of operation rather than only impact. The trial judge also assessed criminal negligence too narrowly and omitted relevant evidence concerning the owner-captain’s conduct and duties. The acquittals were set aside and a new trial ordered.

Outcome

Unanimous Crown appeal allowed. The Court set aside all acquittals and ordered a new trial on all charges. It did not convict the respondent or decide his guilt.

Why this case matters

Care or control of a vessel may be shared and must be assessed across the full course of operation, not only by who was steering at impact.

Paragraph references

Paras. 20-28: operating a vessel includes broadly construed care or control, permits simultaneous operators and is not confined to a precise moment. Paras. 32, 39-46: criminal negligence requires a fact-specific assessment of conduct and legally imposed duty; the trial judge improperly restricted the inquiry. Para. 47: correctness review and sufficient evidence for the Crown’s second theory. Paras. 49-53: no trial unfairness. Para. 54: disposition.