The offences listed above are different. They have different elements of proof, and officers should know that the wording of the charges is different. The charge below (with the words “and did thereby” deleted during Mr. Koma’s trial) is an example of a properly worded section 255(2.1) charge:
Ryley M. Koma on or about the 15th day of March in the year 2013 at or near Regina, Saskatchewan did while operating a motor vehicle having consumed alcohol in such quantity that the concentration thereof in his blood exceeded eighty milligrams of alcohol in one hundred millilitres of blood [and did thereby] did cause an accident resulting in bodily harm to Shannon Rodrigue, contrary to section 255 (2.1) of the Criminal Code.
The case also reviews the legal authorities for officers to detain motorists. Counsel will find the case useful concerning the “causation” issue and the issue of applying to amend the wording of a charge mid-trial. R. v. Koma, 2015 SKCA 92