The appellant was convicted of criminal negligence causing death and criminal negligence causing bodily harm following a head-on collision.
The sentencing judge imposed discretionary driving prohibition orders under s. 320.24(4) of the Criminal Code.
The central issue was whether s. 320.24(4), enacted by Bill C-46, authorizes a driving prohibition upon conviction for criminal negligence offences (ss. 220 and 221), which are not enumerated in that provision.
The majority held that driving prohibitions imposed were unlawful because the criminal negligence offences are not enumerated in s. 320.24(4), the included offence machinery does not extend to imply punishments, and Parliament's deliberate textual evolution of the provision supports exclusion of general criminal negligence offences.
Four judges dissented, holding that a finding of guilt for a principal offence necessarily entails findings of guilt for all lesser included offences and that the exclusion produces an absurd result.
