Reasons for Judgment — Wagner J. (McLachlin C.J. and LeBel, Fish, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ. concurring)
Wagner J. — The Crown appeals from a judgment in which the Quebec Court of Appeal reversed the trial judge’s decision and acquitted the respondent of dangerous operation of his motor vehicle and of thereby causing bodily harm to Michel Bisson and the death of Michel Rostand, contrary to s. 249 of the Criminal Code , R.S.C. 1985, c. C-46 .
It is common ground that passing on a double line does not on its own suffice to establish the respondent’s criminal liability. All the circumstances of the case must be considered.
The trial judge made no fatal error in finding the respondent guilty.
She took the relevant factors and all the circumstances into account.
The Court of Appeal’s intervention was therefore not warranted.
For these reasons, the appeal is allowed. The judgment of the Quebec Court of Appeal dated September 8, 2011 is set aside, the judgment of the Court of Québec dated September 14, 2010 is restored, and the case is remanded to the Court of Québec in the judicial district of Baie-Comeau for sentencing submissions.