BAKER LAKE - A charge of being in care and control of a motor vehicle while under the influence of alcohol against Baker Lake MLA Moses Aupaluktuq was stayed during a Baker Lake court appearance on Nov. 30.

Moses Aupaluktuq: The Crown has stayed liquor-related charges against the Baker Lake MLA.- NNSL file photo

Aupaluktuq was charged after police found him asleep in a vehicle near his home during the early-morning hours of Nov. 9, 2009.

He consented to a breathalyzer test, which registered his blood alcohol level to be above the legal limit of .08, grams of alcohol per 100 millitres of blood..

The Baker MLA has been steadfast in professing his innocence since the incident, maintaining he had no intention of driving the vehicle.

Aupaluktuq had taken shelter in the vehicle after he realized he was without the keys to his home.

The Crown announced it would not proceed with the charge because it could not prove, beyond a reasonable doubt, the vehicle Aupaluktuq was in was capable of moving.

It reportedly took a tow operator about 45 minutes to remove the vehicle from where it was stuck.

Defence lawyer Patrick Smith said Aupaluktuq and his family are very happy and relieved by the outcome.

He said they were always confident the matter would be resolved in his favour once all the facts came out.

"My client knew the truck was stuck in the snow from earlier that day and his intention was to merely sleep in the vehicle," said Smith.

"That combination of intention and fact allowed us to meet the rebuttable presumption of the Criminal Code.

"We had several witnesses testify to the truck being stuck in the early evening, and a tow-truck driver to describe the extent of the vehicle's immobility.

"The immobility is the key to this case, and others should not take this outcome as an invite to sleep in their cars or trucks while drinking."

Smith acknowledged there was enough evidence for police to lay a charge at the time of the incident.

Despite this, he said, he knew it would take Crown discretion or a judge's ruling to determine Aupaluktuq's actions did, in fact, rebut the presumption of care and control.

"Moses thanks the Crown's office for its early review of the file and discharging its duties in a fair and professional manner," said Smith.

"He's relieved to put this matter behind him and is glad to have his side of the story available to the public.

"It's hard knowing you're in the right, but having to wait for (the matter) to be concluded."

Aupaluktuq still faces a charge of unlawful possession of liquor, laid by the Baker Lake RCMP detachment this past Oct. 1.

His next scheduled court appearance is set for March 1, 2011, in Baker Lake.

We welcome your opinions. Click here to e-mail a letter to the editor.