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Accused found guilty of dangerous driving causing bodily harm after high-speed crash.
The accused was charged with two counts of dangerous operation of a motor vehicle causing bodily harm following a severe collision.
The accused, while driving with four passengers, accelerated to a speed grossly in excess of the posted limit, aggressively passed another vehicle on the right, and lost control of his vehicle, colliding head-on with an oncoming car.
The court applied the modified objective test for dangerous driving and found that the accused's driving constituted a marked departure from the standard of care expected of a reasonable person.
The accused was found guilty.
Impaired driving charges stayed after routine strip search found to violate section 8 of the Charter.
The accused was charged with impaired driving and refusing to provide a breath sample after a motor vehicle collision.
At the police station, the accused, who suffered from a panic disorder, was subjected to a routine level three strip search before being lodged in a cell.
The court found that the strip search violated section 8 of the Charter, as there were no reasonable and probable grounds to justify it and it was conducted merely as a matter of routine policy.
Concluding that the police conduct demonstrated a systemic disregard for established constitutional limits on strip searches, the court held that a stay of proceedings was the only appropriate remedy under section 24(1) of the Charter to preserve the integrity of the justice system.
