2 total
Impaired driving charges stayed for unreasonable delay below the Jordan ceiling due to Crown disclosure complacency.
The applicant brought a motion alleging a breach of his s. 11(b) Charter right to be tried within a reasonable time for impaired driving charges.
Although the total delay of 17.1 months fell below the 18-month presumptive Jordan ceiling, the applicant sought an under-the-ceiling stay.
The court found that the defence took meaningful, sustained steps to expedite the proceedings and that the case took markedly longer than it reasonably should have, primarily due to the Crown's complacency in providing initial disclosure.
The court granted the application and stayed the charges.
Tractor trailer driver sentenced to 3 years for fatal collision in construction zone after falsifying logbooks.
The accused pleaded guilty to one count of dangerous driving causing death and two counts of dangerous driving causing bodily harm after his tractor trailer collided with multiple vehicles in a construction zone on Highway 401.
The accused had falsified his logbooks and was driving almost double the permitted hours.
The court weighed the mitigating factors of his guilty plea and youth against the severe aggravating factors, including the death of a young mother, injuries to others, and his callous disregard for safety regulations.
The accused was sentenced to 3 years in a federal penitentiary and a 3-year driving prohibition.
