IMPAIRED = TAKE INTO ACCOUNT THE WHOLE OF THE EVIDENCE

Mr. Cramer was convicted of impaired operation after a trial, but his conviction appeal was allowed and the Saskatchewan Court of Appeal upheld his acquittal:

The issue of impairment must be adjudicated by taking into account the whole of the relevant evidence. Behaviour that is a marked departure from normal will typically carry more probative weight than behaviour that is not a marked departure. However, there is no bright line that says impairment can only be inferred from behaviour that is a marked departure from the norm. R. v. Cramer, 2019 SKCA 118