James Maurice Melnick

The Court of Appeal for Ontario dismissed the Law Society of Ontario’s appeal regarding the respondent’s application for licensure as a paralegal.

The court found that the tribunals below properly considered the respondent’s criminal offence and professional misconduct, and that there was no error in their assessment of her rehabilitation and good character.

The appeal was dismissed with costs to the respondent.

The accused was charged with care or control of a motor vehicle while impaired and with an elevated blood alcohol content, as well as provincial offences related to leaving the scene of an accident and failing to report an accident.

The accused was found unconscious in the driver's seat of a damaged vehicle parked in a private driveway.

Police discovered open alcohol in the vehicle and obtained breath samples showing blood alcohol levels of 171 and 164 mg/100mL.

The accused challenged the charges on Charter grounds, alleging violations of sections 8 and 10(b).

The court found that the accused was in care or control of the motor vehicle, that any Charter breaches were minimal and justified by exigent circumstances, and that the evidence was admissible.

The accused was convicted on all charges.