Ms. Larlham asserted that a conservation officer’s statement about appearing “fine to drive” set her up to commit an offence, that being a .08. The trial judge rejected that argument:
The conservation officer’s comment was made briefly without any specific direction and, in my view, there is no reasonable link or proximity between the statement and the accused’s criminal conduct. The accused put the events into motion when she drove her truck to the lake and decided to consume alcohol without planning for a safe and sober ride home. To take the conservation officer’s statement as a presentation of an opportunity to commit a criminal offence one hour after the statement was made is to stretch the words beyond any reasonable interpretation of them. R v Larlham, 2020 SKPC 27