The appellant appealed his convictions and nine-year sentence for impaired driving causing death, criminal negligence causing death, and related offences.
The collision occurred after the appellant drove at excessive speeds and struck oncoming traffic.
The appellant argued the trial judge erred in identifying him as the driver based on seatbelt marks, and in dismissing his Charter challenges regarding his arrest and right to counsel.
The Court of Appeal dismissed the conviction appeal, finding the trial judge properly inferred the appellant was the driver and correctly held that police had reasonable grounds to arrest both occupants when they blamed each other.
The court also upheld the trial judge's s. 24(2) analysis and found the nine-year sentence was not demonstrably unfit given the high moral blameworthiness of the conduct.
