Erin S. Thomas

The court imposed sentence after guilty pleas to impaired driving causing bodily harm and dangerous driving causing bodily harm arising from a high-speed single-vehicle crash with severe, life-altering injuries to the passenger.

Applying Criminal Code sentencing principles, including proportionality, parity, denunciation, and general deterrence, the court emphasized Parliament’s enhanced approach to dangerous and impaired driving offences and rejected a conditional sentence as unfit.

Aggravating factors included statutorily aggravating blood-alcohol levels, dangerous operation on a 400-series highway, a recent speeding record, and lasting victim harm, while mitigation included youth, no prior criminal record, guilty plea, employment, and community support.

The court found limited insight and gave tempered weight to late rehabilitative efforts.

A penitentiary sentence of 24 months was imposed concurrently, with a five-year driving prohibition and DNA order.

The applicant, Michael Turcios, brought a motion for a stay of proceedings under s. 24(1) of the Canadian Charter of Rights and Freedoms, alleging a breach of his s. 11(b) right to a trial within a reasonable time.

The total delay from the swearing of the information to the scheduled end of trial was 893 days (29 months and 11 days), exceeding the 18-month Jordan ceiling for the Ontario Court of Justice.

The court found that the delay was primarily attributable to the Crown and police's failure to provide timely and complete disclosure, despite diligent efforts by the defence.

The court rejected the Crown's arguments that the delay was caused by the defence's late review or requests.

Finding no defence-caused delay or exceptional circumstances, the court concluded the delay was unreasonable and granted a stay of proceedings.