Jeffrey V. Milligan

The defendant was charged with operating a motor vehicle after consuming alcohol in such quantity that the concentration in his blood exceeded eighty milligrams of alcohol in one hundred millilitres of blood, contrary to section 253(1)(b) of the Criminal Code.

The defence launched a Charter application alleging breaches of sections 8 and 9 regarding the validity of the approved screening device and the timing of the breath demand.

The court found that the officer had a reasonable subjective and objective belief that the screening device was properly calibrated and in working order, and that the breath demand was made as soon as practicable.

All Charter applications were dismissed and the defendant was convicted.

The accused pleaded guilty to fraud over $5,000 for his role in an investment scheme where funds were diverted from a promised offshore investment to a retirement home project.

A Gardiner hearing was held to determine if the accused was the directing and controlling mind of the fraud.

The court reviewed the accused's corporate positions, his role in soliciting investors, and his control over the flow of funds.

The court concluded that the Crown proved beyond a reasonable doubt that the accused was the directing and controlling mind of the fraud.

The accused pleaded guilty to uttering threats to cause death contrary to section 264.1 of the Criminal Code.

The offence occurred when the heavily intoxicated accused threatened to kill his wife in the presence of police who had attended a mischief call.

The court considered a comprehensive Gladue report detailing the accused's background as an Inuit from a remote community, his attendance at residential school, his career as a nationally known artist, and his ongoing struggles with alcoholism.

The court imposed a suspended sentence with 18 months of probation, noting the accused's prior sobriety, personal insight into his difficulties, and current engagement in counselling for alcoholism and anger management.