On the evening of July 25, 2011, the accused was at his acreage in the R.M. of Corman Park. He had had supper, drank a few beers and was watching television when he fell asleep on his couch. At approximately 2:00 a.m. he woke up to see two flashlight beams being shone around his backyard. He got up to investigate and as he exited his house he saw some persons fleeing toward the roadway. He gave chase on foot but by the time he got to the road, they were gone. He ended up driving into Saskatoon and stopping a vehicle that was completely unrelated to the initial incident. Police also attended and observed signs of impairment and the accused ended up blowing over .08. He was convicted at trial and his appeal was dismissed:
The trial judge concluded that Dr. Pankiw’s belief that a threat of force was being made against himself and his family was not substantiated by the evidence, nor that his purpose in going after the vehicle while intoxicated was to defend or protect himself or his property. Finally, the trial judge concluded that it was unnecessary and unreasonable for Dr. Pankiw to operate a motor vehicle while he was impaired in the circumstances of the case. He therefore found that the Crown had established that defence of person had not been made out. R. v. Pankiw, 2014 SKQB 381