Constable Bortolon

The accused was charged with impaired driving causing death and bodily harm, and driving over 80 causing death and bodily harm, following a fatal intersection collision.

The court found that the accused's ability to drive was impaired by alcohol and that his blood alcohol concentration was over the legal limit, rejecting defence arguments regarding the maintenance and operation of the breathalyzer instrument.

However, the court acquitted the accused of the charges relating to causing death and bodily harm, finding that the collision was caused by the other driver proceeding into the intersection when it was unsafe to do so.

The accused was convicted of the lesser included offence of impaired driving, with the over 80 charge stayed.

At a preliminary inquiry, the accused was charged with impaired operation of a motor vehicle causing death, impaired operation causing bodily harm, and related offences under the Criminal Code involving blood alcohol levels exceeding the legal limit.

The defence conceded impairment and excess blood alcohol but challenged causation, arguing the Crown failed to establish the accused's conduct was a significant contributing factor to the death and injuries.

The court applied the test for committal and the causation standard from R. v. Smithers, finding sufficient evidence that the accused's impairment was a contributing cause more than de minimis.

The court committed the accused to trial on all counts as charged, except on two counts where committal was ordered on lesser included offences.