The Ontario Court of Justice acquitted Shagaran Senthilgumar of impaired driving contrary to section 320.14(1) of the Criminal Code.
The Crown relied on a high THC blood concentration (72 ng/ml) found after a collision, arguing impairment beyond reasonable doubt.
The court held that no direct evidence established impairment at the time of driving, and that the THC blood drug concentration alone, even at levels far exceeding prescribed legal limits for other offences, could not prove impairment beyond reasonable doubt.
The decision emphasized the necessity of expert evidence and cautioned against judicial notice or speculative inferences based solely on THC levels, especially given alternative reasonable explanations such as a medical crisis (seizures).
