J.P. Palmentier

The accused was charged with impaired operation of a vessel causing death, operating a vessel with over 80 milligrams of alcohol in blood causing death, dangerous operation of a vessel causing death, and criminal negligence causing death.

The charges arose from an incident on April 7, 2017, when the accused took an eight-year-old child canoeing on the Muskoka River during spring run-off with dangerous water conditions.

The canoe capsized, and the child drowned.

The court found the accused's blood alcohol concentration was between 128 to 170 milligrams per 100 millilitres of blood, and he had recently consumed cannabis.

The court held that a canoe constitutes a "vessel" under the Criminal Code and convicted the accused on all charges, finding his decision to canoe to a yellow warning barrier to retrieve a blue barrel in dangerous conditions, while impaired, constituted a marked and substantial departure from reasonable conduct demonstrating wanton and reckless disregard for the child's safety.

The defendant, Ghenadie Carpov, was charged with sexual assault, administering a noxious substance to cause bodily harm, and administering a stupefying thing to commit an indictable offence, involving two complainants, L.M. and L.O. The court found the defendant guilty of two counts of sexual assault but not guilty of the charges related to administering a noxious substance.

The court rejected the defendant's testimony regarding consent, finding that both complainants lacked the capacity to consent due to intoxication, which the defendant exploited.