Ever since the thread this summer about some poor guy getting a ticket for removing his helmet in the Aldergrove border lineup, I've been keeping my eyes open for case law on the subject of what constitutes operating a vehicle, and more specifically, the care and control cases in impaired driving law.
I came across some decisions recently that lead me to believe that, at least for the time being, we are screwed any time we remove our helmets anywhere near our motorcycles.
Here's a link to a blog post I wrote on the subject:
R v. Yorston
Essentially, if you have your keys anywhere within reach (in our circumstances, probably in our pockets), you have care and control of your vehicle.
Hopefully the Alberta Court of Appeal will overturn these ridiculous decisions.