Law:

Section:

(a) Appeal against acquittal--- ----Scope---Question of law---Error of law---Under S. 676(1)(a) of the Criminal Code, R.S.C. 1985 (Canada), the State could only appeal an acquittal on a question of law alone---Appealable error must be traced to a question of law, rather than a question about how to weigh evidence and assess whether it met the standard of proof---State could not appeal merely because an acquittal was unreasonable---Errors of law arose, for example, where the legal effect of findings of fact or of undisputed facts raised a question of law and where there was an assessment of the evidence based on a wrong legal principle---When interpreting a trial judge's reasons, appellate courts should not parse the reasons of the trial judge in a line by line search for errors---Instead, the reasons were to be read as a whole, in the context of the evidence, the issues and the arguments at trial, together with an appreciation of the purposes or functions for which they were delivered---Appellate courts must attempt to understand the reasoning of the trial judge---However, even if the trial judge articulated the right test, appellate courts may find an error of law if the judge's reasoning and application demonstrated a failure to properly apprehend the law. R v. J.M.H., 2011 SCC 45, [2011] 3 S.C.R. 197, at paras. 25-27; R. v. George, 2017 SCC 38, [2017] 1 S.C.R. 1021, at paras. 15-17); R. v. Biniaris, 2000 SCC 15, [2000] 1 S.C.R. 381, at para. 33; R. v. Laboucan, 2010 SCC 12, [2010] 1 S.C.R. 397, at para. 16 and R. v. R.E.M., 2008 SCC 51, [2008] 3 S.C.R. 3, at para. 16 ref. (b) Criminal law--- ----Dangerous operation of motor vehicle causing death [section 249(4) of the Criminal Code, R.S.C. 1985 (Canada)]---Mens rea for offence---Reasonable person standard---Scope---Momentary speeding---Momentary excessive speeding on its own could establish the mens rea for dangerous driving where, having regard to all the circumstances, it supported an inference that the driving was the result of a marked departure from the standard of care that a reasonable person in the same circumstances would have exhibited---Court had to analyse whether the reasonable person would…

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