A key example of an offence that does not require proof of any conduct on the part of

the accused is having "care or control" of a motor vehicle either while one’s ability to
drive a motor vehicle has been impaired by “alcohol or a drug” or while one’s blood
alcohol level is above that of 80 milligrams of alcohol in 100 millilitres of blood (section
253(1) of the Criminal Code). In other words, for this offence, the Crown does not have
to prove that the accused was engaged in any act (such as driving) in order to obtain a
conviction.

1. Briefly explain why the onus on the Crown has been altered for this particular
offence.

2. Next, with reference to Boudreault (2012), explain how the Supreme Court of
Canada has defined the concept of "care and control" in relation to the above-
noted offence.

3. Explain also why the Supreme Court of Canada decided to enter an acquittal
in Boudreault.

4. Finally, discuss whether you think the Supreme Court of Canada made the right
decision in this case (explain your answer to this part).