E. Neubauer

The defendant was convicted of two counts of operating a motor vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood and causing bodily harm, contrary to section 255(2.1) of the Criminal Code.

The defendant was acquitted on two counts of impaired driving causing bodily harm.

The defendant challenged the constitutionality of section 255(2.1), arguing it lacks sufficient fault requirement and is overbroad.

The court upheld the constitutionality of the section, finding it contains adequate fault requirements and is not saved by section 1 of the Charter, as it pursues the important objective of deterring drinking and driving and employs proportionate means.

The accused brought an application seeking increased legal aid funding for defence counsel to cover the full estimated budget for a constitutional challenge.

The court dismissed the application, finding that while the state has a constitutional obligation to ensure fair trials for indigent accused, the accused's right to a fair trial (not a perfect trial) was not imperiled by the shortfall of approximately $3,000 between the legal aid budget and the defence budget.

The court acknowledged the financial burden on defence counsel accepting legal aid certificates but held that absent evidence that no competent counsel would accept the certificate, the application must fail.