Ann M. Alder

The accused was charged with impaired driving contrary to s. 253(1)(a) of the Criminal Code and over 80 contrary to s. 253(1)(b).

The trial proceeded as a blended voir dire to address a Charter application alleging denial of the right to counsel under s. 10(b) due to failure to facilitate interpretation.

The court found no breach of s. 10(b) rights, determining that special circumstances did not exist on an objective basis despite the accused's limited English proficiency.

The court convicted on both counts, finding the Crown proved impairment beyond a reasonable doubt based on driving conduct, odour of alcohol, and unsteadiness, and proved the over 80 offence based on breath sample analysis.

A young person pleaded guilty to making available child pornography contrary to section 163.1 of the Criminal Code.

The Crown sought custody of three to four months, arguing the offence constituted a violent offence under section 39(1)(a) of the Youth Criminal Justice Act or alternatively an exceptional case under section 39(1)(d).

The court found that possession and distribution of child pornography depicting sexual assaults of children constitutes a violent offence due to the psychological harm caused to victims.

However, the court declined to impose custody, finding that a lengthy probation order was the least restrictive sentence capable of achieving the purposes and principles of the YCJA, given the young person's progress in treatment, family support, and commitment to rehabilitation.

The accused pleaded guilty to impaired driving causing death contrary to section 255(3) of the Criminal Code.

The collision occurred on March 10, 2013, when the accused, driving eastbound on Innes Road with a blood alcohol concentration between 165-230 mg/100mL, failed to stop at a stop sign and collided with the victim's vehicle at high speed.

The victim died at the scene from multiple trauma.

The accused was subsequently arrested for breaching bail conditions by consuming alcohol and tampering with an alcohol-monitoring bracelet.

The court imposed a sentence of four years and nine months with a 12-year driving prohibition, balancing denunciation and general deterrence against rehabilitation and the accused's youth and lack of prior criminal record.