Anthonie Vanden Ende

The offender, a fifth-time impaired driving offender, was convicted of impaired operation after driving erratically on Highway 400 at a blood alcohol concentration of 297-285 mgs/100ml (nearly six times the safe driving limit).

The offender nearly caused a collision with a pickup truck.

The Crown sought the maximum summary custodial term of 18 months with a lifetime driving prohibition.

The defence sought the minimum four-month jail term with a 10-year prohibition.

The court imposed 14 months imprisonment followed by three years probation, with a lifetime driving prohibition, finding that while the Crown's submission was within range, some restraint was warranted given the offender's sentencing history and gaps in the record.

The accused was charged with impaired operation of a motor vehicle and operation with a blood alcohol concentration exceeding 80 mg/100ml following a traffic stop.

The Crown presented evidence of erratic driving observed by a civilian witness, observations by police officers at the roadside and station, and approved breath test results of 297 and 280 mg/100ml.

The accused claimed his driving errors and physical symptoms resulted from medical conditions including post-chemotherapy spasms and medication non-compliance.

The court found the Crown proved impairment beyond a reasonable doubt based on credible evidence from the civilian witness and police officers, rejecting the accused's medical explanation as not credible.

The court also dismissed Charter applications regarding the timing of the approved instrument demand and the duration of detention.

The accused was found guilty on the impaired driving count, while the "Over 80" count was stayed.

A young person applied for early termination of probation under the Youth Criminal Justice Act.

The applicant had been sentenced to three months custody and supervision followed by two years probation for aggravated assault, obstructing police, personation, possession of a weapon dangerous to the public peace, and two counts of failing to comply with a youth sentence.

After serving approximately one year and one month of the sentence with full compliance, positive behavioral changes, and employment, the court granted early termination of the probation order, finding that the applicant's progress constituted a material change in circumstances warranting termination under section 59(2) of the Act.