Court of Appeal upholds conviction for dangerous tractor driving

The appellant in this case before the Ontario Court of Appeal was convicted of dangerous operation of a motor vehicle (in this case, a tractor) under the Criminal Code.  The evidence at trial included the following:

• the appellant was driving a tractor at 30-35 kilometers per hour along a rutted gravel and dirt road, causing the tractor to bounce along the road;

• the appellant was driving in a deliberate manner, and appeared determined to return to his property, heedless of those who were in his path or were attempting to stop him;

• without slowing, the appellant drove the tractor through a narrow opening between two trailers, one of which was moving, barely missing both;

• the appellant drove toward a police constable, ignored his motions and shouts to stop, and drove within a few of meters of his vehicle before making an evasive manoeuvre to avoid it;

• he continued along the road at top speed toward another police constable, who feared for his own safety, to the extent that he nearly drew his own service revolver, before the appellant abruptly veered away at the last minute to avoid striking him;

• he drove up onto the narrow berm, adjacent to and above a third police constable in his cruiser, putting the officer in fear for his own safety, before the tractor did in fact roll off the berm; and

• the evidence of several witnesses, including the officers, who testified that the appellant’s driving caused them to fear for their own safety.

 

The Court of Appeal granted the appellant leave to appeal the decision from a summary conviction appeal judge because the appellant had been self-represented for that appeal (and may have misunderstood the procedure).  The appellant argued to the Court of Appeal that the trial judge was wrong to find that the appellant had the required mental element or intent (mens rea) for the offence charged.  He argued that the determination of the mens rea element required a determination of whether the manner of driving was a "marked departure" from the standard of care.  The appellant submitted that a lay person, lacking specialized knowledge of the operation of a tractor, is not able to appreciate the risks of operating a tractor in the circumstances or the measures a reasonable person would take to avoid them.  This, he said, would call for expert evidence.

 

The Court of Appeal disagreed.  It found that the risks of the appellant's driving and the means of avoiding those risks were "plain and obvious" and did not call for expert evidence: "While there may be cases in which expert evidence is required to establish the standard of care in the operation of a tractor and whether the accused's driving was a marked departure from that standard, this case is not one of them."  The appeal was dismissed.

 

Read the decision at: R. v. Clare.

Farmer chasing ATV trespassers acquitted of dangerous driving

From the Judgment of Justice R. Green of the Provincial Court of Saskatchewan:

A farmer was charged with driving in a manner dangerous to the public on Church Road in the Rural Municipality of Fertile Belt, contrary to s. 249(1)(a) of the Criminal Code.  The farmer is now 54 years of age and works for a neighbour. He farmed his own land in the past, but now leases it. On October 3, 2010, in the latter part of the afternoon, he was helping the neighbour fix his combine. He heard some All Terrain Vehicles (ATVs) being operated in the distance, on a field he owned. These ATVs were being driven by three young males who were at the time they came to the farmer's attention driving around in mud on his field, which was to the south of Church Road.

The farmer took the neighbours 4x4 truck and drove, in 2-wheel drive on Church Road and then south into his field where the ATVs were.  At that point, the ATVs scattered.  The farmer followed one of the ATVs over Church Road and back north into another of his fields, in which a crop of canola had just been swathed.

A police constable arrived on the scene at 4:36 p.m., and found the ATV wedged under the front driver’s side bumper of the truck.  The farmer was seated in his vehicle. After attending to the young male ATV driver, and viewing the scene, the officer arrested the farmer at 5:08 p.m. for dangerous driving.

The Crown submitted at trial that the farmer chased after the young male on Church Road and rammed his ATV.   The farmer claimed that, as he pulled up beside the young male on Church Road, the young male accelerated his ATV and swerved into the truck and turned in front of it.  He said, as this was happening, he slammed on his brakes and skidded in a straight direction for a number of feet.

Ultimately, the Judge stated, the issue was not whether he is satisfied beyond a reasonable doubt that the collision on Church Road happened as the farmer described, but rather whether it is possible that it did.   Considering: (1) his finding that it is possible the farmer was travelling as slowly as 35 to 40 kilometres per hour on Church Road when he collided with the ATV; (2) the lack of any expert evidence on accident reconstruction of what happened between the two drivers on Church Road; and (3) the reality that the young male was an inexperienced ATV driver who admitted he may have swerved before the truck reached him, the judge concluded that it is possible the collision happened as the farmer described, with the young male swerving into the driver’s side of the truck, the farmer slamming on the brakes and the young male accelerating and turning into the path of the truck. 

With respect to the degree of care exercised by the farmer, the Judge ruled that he was not satisfied that the degree of care exercised by the farmer in driving on Church Road was a marked departure from the standard of care that a reasonable person would have exercised in these circumstances.  Whatever the farmer's liability might be civilly for the collision, the Judge was nevertheless not satisfied beyond a reasonable doubt that his driving was a marked departure from the standard a reasonable person would have observed in these circumstances.

On this basis, the farmer was acquitted of the dangerous driving charge.

Read the decision at: R v Tranberg.