Alexander Kurke

Walter Carter pleaded guilty to impaired driving causing death (Dean Hancock Jr.), impaired driving causing bodily harm (Daniel Cassio), and breach of undertaking.

The accused had been charged with impaired driving in January 2014 and released on an undertaking not to consume alcohol.

Despite this condition, he consumed excessive alcohol at a festival on August 21, 2014, and subsequently drove his truck in the wrong direction on Highway 17, colliding head-on with the victim's vehicle and causing his death.

The court imposed a sentence of five years imprisonment less pre-trial custody, with concurrent sentences on the other counts, a ten-year driving prohibition, and a DNA order.

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.