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The accused was convicted of drug-impaired driving based on circumstantial evidence of impairment and toxicology results.
The accused was charged with operating a vehicle while impaired by drug following a RIDE spot check on May 11, 2014.
The Crown's case was entirely circumstantial.
The court found that the accused displayed multiple indicia of impairment including poor balance, dilated pupils, slurred speech, confusion, unusual behavior, delayed responses, and signs of drowsiness.
Toxicological analysis revealed the presence of lorazepam and THC-COOH (the inactive metabolite of marijuana) in the accused's urine.
The accused admitted to smoking marijuana on the day of arrest and the day before.
A Drug Recognition Evaluation officer opined that the accused's ability to drive was impaired.
The court rejected the defence arguments that the Crown must prove a specific quantity of drugs in the accused's system at the time of driving, that tiredness must be negated as a cause of impairment, and that overwhelming signs of impairment are required.
The court found that the totality of the evidence established beyond a reasonable doubt that the accused's ability to drive was impaired by drug consumption.
The court committed the defendants to stand trial for first-degree murder following the death of their child.
A preliminary inquiry into the death of a four-year-old child.
The Crown sought committal on a charge of First Degree Murder.
The defendants, the child's parents, contested committal on this charge, conceding only to Second Degree Murder.
The court found sufficient evidence of planning and deliberation based on the totality of circumstances, including evidence of chronic malnutrition, vicious beating, head trauma, aspiration of gastric contents, and post-offence conduct.
The court committed both defendants to trial on First Degree Murder and on the additional charge of Failure to Provide the Necessaries of Life.
