Alexander Kurke

The accused pleaded guilty to impaired driving causing death, impaired driving causing bodily harm, driving over 80, and breach of an undertaking.

While on bail for a previous impaired driving charge and bound by a condition not to consume alcohol, the accused drove with a blood alcohol concentration over three times the legal limit.

He drove in the wrong lane on a highway, colliding head-on with a vehicle driven by an 18-year-old, killing him, and then colliding with another vehicle, injuring its driver.

The court accepted a joint submission, sentencing the accused to 5 years in prison and imposing a 10-year driving prohibition, emphasizing denunciation and general deterrence.

The accused was charged with assault and assault with a weapon in connection with domestic violence allegations.

The accused brought a motion to stay the charges based on an alleged violation of his Charter right to trial within a reasonable time under section 11(b).

The total delay from charge to the motion hearing was 557 days (approximately 18.5 months).

The court conducted a detailed analysis of the delay, allocating it among inherent delay, Crown and institutional delay, and defence delay.

The court found that the combined Crown and institutional delay fell within the Morin guidelines and that there was a strong societal interest in completing the serious matter.

The application for a stay was dismissed.

The appellants appealed convictions for resisting arrest and assaulting peace officers following a police response to a 9‑1‑1 call reporting a domestic disturbance.

They argued the police lacked lawful authority to enter their apartment and used excessive force during the arrest.

The appellate court reviewed the trial judge’s credibility findings and the legal framework governing warrantless entry in response to emergency calls.

Applying the principles from R. v. Godoy, the court held that exigent circumstances justified police entry to ensure the safety of occupants.

The trial judge’s acceptance of the police evidence and findings that reasonable force was used disclosed no palpable and overriding error.