CARE OR CONTROL - NOT GUILTY OF OPERATE OVER 80 BUT GUILTY OF CARE OR CONTROL OVER 80

This case is an excellent review of the elements of the offence of being in care or control of a motor vehicle while over 80.  At trial Mr. Pawluk was acquitted of impaired operation of a motor vehicle and operation while over 80. On appeal the Ontario Court of Appeal upheld the acquittals on the "operation" counts but substituted a verdict of guilty for the included offence of having "care or control" of a motor vehicle while over 80:

The law alerts an accused to their jeopardy for included offences, and in this case, questions were asked of [the officer] that could only be relevant to the issue of Mr. Pawluk’s care or control. It should not have come as a surprise when the Crown sought a care or control over 80 conviction. R. v. Pawluk, 2017 ONCA 863