Frank Giordano

The accused was charged with impaired operation of a vessel causing death, operating a vessel with more than 80 mg of alcohol in 100 ml of blood, dangerous operation of a vessel, and criminal negligence causing death.

The central issue was whether a canoe constitutes a "vessel" under Part VIII of the Criminal Code.

The court held that the term "vessel" includes canoes and other vessels propelled exclusively by muscular power.

The decision considered statutory interpretation principles, legislative history, federal maritime legislation, and the purpose of the Criminal Code provisions protecting public safety on Canadian waterways.

The defendant was charged with care or control of a motor vehicle with blood alcohol exceeding the legal limit contrary to section 253(1)(b) of the Criminal Code.

The trial proceeded as a blended hearing addressing both the merits and a motion to exclude evidence based on alleged Charter violations.

The defendant challenged the admissibility of breath and blood samples on grounds of violations to sections 8, 10(a), and 10(b) of the Charter.

The court rejected all Charter claims except finding a minor breach regarding the timing of the approved screening device demand.

Despite this breach, the court declined to exclude the evidence under section 24(2) of the Charter and found the defendant guilty as charged.

The accused was charged with operating a motor vehicle while impaired by alcohol and operating a motor vehicle with a blood alcohol concentration exceeding 80 mg per 100 ml of blood.

The accused brought a Charter application to exclude evidence obtained during alleged Charter breaches, including violations of sections 8, 9, and 10(b) of the Charter.

The court found that the accused was arbitrarily detained for approximately one hour without lawful authority, unlawfully arrested under section 200 of the Highway Traffic Act for failing to remain at the scene of an accident, and denied her right to counsel.

The court concluded that the breath samples and related evidence were obtained as a result of these Charter violations and excluded all such evidence from trial, rendering the Crown's case fatal.

The accused was originally charged with second-degree murder in the death of his son but pleaded guilty to manslaughter.

The Crown sought a penitentiary sentence, while the defence sought a non-custodial sentence.

The court found that the accused's wrongful conduct was in mixing alcohol with prescription sleeping pills, which he knew he should not do.

The court determined this was an exceptional case where denunciation and general deterrence could be achieved without further custody, given the accused's approximately one year of pre-trial credit, his lack of criminal record, his remorse, and the absence of any history of conflict with the victim.

The court imposed a suspended sentence with maximum probation and community service.

The applicant sought to exclude all evidence including breath sample results and oral utterances pursuant to section 24(2) of the Canadian Charter of Rights and Freedoms, alleging violations of his right to counsel under sections 10(a) and 10(b) of the Charter, and a violation of his section 8 rights.

The court found a breach of the informational component of the applicant's section 10(b) Charter rights and a marginal breach of the applicant's section 9 right, but found no violation of section 8 rights regarding reasonable and probable grounds for the breath demand.