The Ontario Court of Justice considered whether section 320.19(1)(a)(i) of the Criminal Code, which mandates a minimum $1,000 fine for impaired operation of a conveyance, is unconstitutional as it prevents eligibility for a discharge.
The offender, Tyler Piccin, pleaded guilty to impaired operation with an extremely high blood alcohol concentration (447mg/100mL).
The Court followed a two-stage approach: first considering an appropriate sentence, including the possibility of a discharge, and only then addressing the constitutional challenge if a discharge was appropriate.
The Court found that despite the offender’s significant rehabilitation efforts and supportive family, the severity of the offence and public safety concerns outweighed the benefits of a discharge.
The Court imposed a $2,000 fine, a one-year driving prohibition, and probation with conditions, concluding that a discharge would be contrary to the public interest and undermine Parliament’s intent.