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DUI Procedure/Evidence

Care or Control Presumption

Bill C-46

Section number:


Care or Control Presumption

Presumption of operation



In proceedings in respect of an offence under section 320.‍14 or 320.‍15, if it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a conveyance, the accused is presumed to have been operating the conveyance unless they establish that they did not occupy that seat or position for the purpose of setting the conveyance in motion.

New legislation in force December 18, 2018

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