Sopinka J.
Sopinka J. ‑‑ These appeals are as of right. We are satisfied that the instructions to the jury in both cases contained serious misdirections of law with respect to the mens rea of dangerous driving. The misdirections constituted an error as to the state of the law as laid down at the time by the Court of Appeal of British Columbia in R. v. Hundal (1991), 63 C.C.C. (3d) 214. The question therefore as to whether the Crown can rely on an error of law by reason of this Court's statement of the law in R. v. Hundal, [1993] 1 S.C.R. 867, does not arise. The appeals are dismissed.
Cases cited
- R. v. Hundal 63 C.C.C. (3d) 214 ¶ 1
- R. v. Hundal 22358-1993-03-11 ¶ 1