In this case, the court decided at page 43 as follows: I do not consider that on the available evidence that I can take judicial notice that the only thing we could conclude was that a pickup is a motor vehicle. It would have been different perhaps if, as in R v. McCraken, there had been reference to the word “truck” in addition to the other circumstantial evidence relied upon by the crown. I am, therefore, unable to conclude that on the evidence before me there is proof beyond a reasonable doubt that the defendant was operating a motor vehicle as required in relation to both counts.
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