C. Kerr

The offender was convicted of two counts of dangerous driving causing bodily harm after accelerating to 117 km/h in a 70 km/h zone and colliding with a left-turning vehicle.

The collision caused catastrophic, permanent traumatic brain injuries to a teenage passenger and serious injuries to the driver.

The Crown sought three years' imprisonment, while the defence sought six months.

The court weighed the profound impact on the victims against the offender's youth, lack of prior record, genuine remorse, and the fact that the victim driver's unsafe left turn contributed to the collision.

The offender was sentenced to 10 months' imprisonment and a three-year driving prohibition.

The accused was charged with two counts of dangerous driving causing bodily harm following a serious intersection collision.

At trial, the accused brought a Charter application alleging violations of his rights under ss. 7, 8, 10(a), 10(b), and 11(d).

The court found that police violated his ss. 10(a) and 10(b) rights by psychologically detaining him at the scene without providing rights to counsel, and violated his s. 8 rights by seizing his vehicle's airbag control module without a warrant and failing to file a report to a justice.

The court excluded the module data under s. 24(2).

However, relying on dashcam video from another vehicle, the court found the accused's driving—accelerating to nearly 50 km/h over the speed limit and passing a stopped vehicle in an intersection—constituted a marked departure from the standard of care and was a significant contributing cause of the collision.

The accused was found guilty on both counts.

The applicant, a fugitive from the United States facing a sentence for tax evasion and an indictment for failing to surrender, applied for judicial interim release under the Extradition Act.

The court assessed the proposed release plan, which included sureties and electronic monitoring.

The court found that the applicant failed to discharge his reverse onus on both the primary ground (flight risk) and the tertiary ground (public confidence in the administration of justice).

The application for judicial interim release was dismissed and the applicant's continued detention was ordered.