The accused pleaded guilty to dangerous operation of a motor vehicle after rear-ending another tractor trailer, which subsequently collided head-on with a third vehicle, resulting in a fatality.
The parties agreed the accused's driving did not cause the fatality.
The Crown sought a conviction, a $3,000 fine, and a 2-year driving prohibition.
The defence sought an absolute discharge, arguing a conviction would result in the accused's automatic deportation, a disproportionate collateral consequence.
The court granted an absolute discharge, imposing an 8-year driving prohibition and ordering $10,000 in restitution, finding that deportation would be disproportionate to the gravity of the offence and the accused's moral blameworthiness.
