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.
