Accused charged with evading police, contrary to s. 249.1(1) CC. Incident occurred in Lac La Biche, and the accused was known to police. Accused stopped for impaired driving, however, upon being instructed to exit his vehicle, he drove away at a slow rate of speed and went home while the police followed. Accused told police upon arrest that he wanted to say goodbye to his mother before going to jail.
Held: Acquitted.
As per Kulchisky, 2007 ABCA 110, the Crown must prove that the reason for failing to stop was to “evade the peace officer.” Doubt raised as to intent. “Mr. Williams comment to third parties as reported in the 911 calls, and to Cst. Lesley post-arrest, taken together with his driving pattern, which was neither ‘elusive’ nor of a kind as to suggest that he was trying to ‘escape’, raise a doubt as to whether Mr. Williams had the specific intent to ‘evade’”.
J. Moore – Defence Counsel