Jim Fleming

The defendant was charged with two offences: having care or control of a motor vehicle while impaired by alcohol and while his blood alcohol level exceeded the legal limit.

The defendant admitted to being impaired and having a blood alcohol level over the legal limit.

The sole issue was whether the defendant had care or control of the motor vehicle.

The defendant entered his truck after declining a driving service, sat in the driver's seat, then moved to the passenger seat while waiting for another driving service to arrive.

The court found that the defendant had a concrete plan to obtain a ride home through a driving service and would not have changed his mind about driving.

The charge was dismissed.

The accused pleaded guilty to gross indecency relating to events from 1978 to 1987 and sexual assault relating to an offence that occurred from 2006 to 2009.

The offences involved the sexual abuse of two child complainants over extended periods.

The court imposed a sentence of 34 months imprisonment based on a joint submission, along with ancillary orders including lifetime sex offender registration, lifetime prohibition from contact with persons under 16, and lifetime firearms prohibition.

The applicant applied for bail pending his retrial for first-degree murder.

He had previously been convicted, but the Court of Appeal ordered a new trial due to an error in refusing severance from his co-accused.

The court assessed the primary, secondary, and tertiary grounds for detention under s. 515(10) of the Criminal Code.

Finding that the applicant had no criminal record, strong community roots, a comprehensive release plan with six sureties, and that the Crown's case was not overwhelming, the court concluded that detention was not justified.

Bail was granted.