Ed Schofield

During the execution of a search warrant for firearms, the accused was detained but not immediately advised of her right to counsel due to officer safety concerns.

After the residence was secured, there was a further delay before she was advised of her rights.

Upon finally being advised of her rights and asked if she wished to call a lawyer, she spontaneously stated, 'I use it for protection' in reference to a firearm found in a briefcase.

The court found a breach of s. 10(b) of the Charter due to the delay, but admitted the statement under s. 24(2), concluding it was voluntary, spontaneous, and would have been made regardless of the breach.

The offender was sentenced for criminal negligence causing death and five counts of criminal negligence causing bodily harm after a high-speed police chase in a stolen vehicle resulted in a devastating collision.

The offender had an extensive criminal record of 168 prior convictions, including multiple prior police chases and driving prohibitions.

The court found the offender to be a recalcitrant recidivist with no prospects for rehabilitation.

Emphasizing the need to protect the public, denounce the conduct, and deter others, the court imposed a maximum sentence of life imprisonment.

The accused fled from police in a stolen van at high speeds on city streets.

After running a red light and causing a minor collision, he continued to flee, eventually driving the wrong way into oncoming lanes and striking a vehicle making a left turn.

The collision resulted in one death and bodily harm to five others.

The court found the accused's driving was a marked and substantial departure from the standard of a reasonably prudent driver, and that the risks of death and bodily harm were foreseeable.

The accused was found guilty of criminal negligence causing death and criminal negligence causing bodily harm.