R v Schultenkamper, 2018 Edmonton Queen’s Bench – Appeal Rejects Argument That Trial Judge Failed To Consider Excupatory Impaired Evidence


Summary conviction appeal from impaired driving conviction. Defence argued on appeal that the trial judge failed to appreciate exculpatory evidence regarding whether the Appellant’s ability to drive was impaired by alcohol. The trial judge’s reasons did not mention certain “evidence of non-impairment” such as a lack of slurred speech, fine motor difficulty, disordered thinking, and other indicia commonly observed.

Held: Appeal dismissed.

“The trial judge considered the totality of the evidence when she determined that the Appellant’s impaired driving was caused by his alcohol consumption. Her reasons demonstrate that she turned her mind to all of the evidence and considered the Appellant’s conduct and circumstances ‘collectively’ to decide the issue on a totality of the evidence. The trial judge was not required to discuss in her reasons every item of evidence and the way in which she assessed each item in making her decision.”

S. Straub – Defence Counsel