Alyssa Mariya Jervis

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.

The Ontario Court of Justice considered whether the possession of fentanyl by Kevin Coulter was for the purpose of trafficking under s. 5(2) of the Controlled Drugs and Substances Act.

The defendant pleaded guilty to two offences but contested the trafficking charge.

The court analyzed expert evidence, including discrepancies in the expert report and the defendant’s testimony about drug use and financial status.

The court found the quantity, packaging, and variety of drugs, along with possession of brass knuckles, supported the inference of trafficking.

The defendant’s inconsistent testimony and the circumstantial evidence led to a conviction for possession for the purpose of trafficking.

This decision addresses sentencing for the offence of failing to remain at the scene of an accident causing bodily harm under s. 320.16(2) of the Criminal Code.

The offender, Austin Young, pleaded guilty after initially denying involvement and fabricating a story to mislead police.

The court carefully balanced aggravating factors, including the offender’s deception and the serious impact on the victim, with mitigating factors such as the offender’s positive background, remorse, and lack of prior record.

The judge imposed an 18-month conditional sentence followed by probation and a three-year driving prohibition, emphasizing that the sentence is for leaving the scene only, not for causing the accident or injuries.

Robert Patterson was charged with assault causing bodily harm.

He claimed self-defence, arguing he was defending himself from the complainant who had entered his home.

The court found that while there was an "air of reality" to the self-defence claim, the defendant's subjective belief that force was being used or threatened was not credible, nor was it objectively reasonable.

Furthermore, his conduct was not for the purpose of self-defence and was unreasonable in the circumstances, particularly the continued stabbing after the complainant fell.

The defendant was found guilty.