Krista-Lee Bruzas pleaded guilty to having care or control of a motor vehicle with a blood alcohol concentration exceeding 80 mg, with readings of 390 mg.
She brought a Charter application challenging the constitutionality of mandatory minimum sentences under s. 255(1) and the unavailability of conditional discharges under s. 255(5) of the Criminal Code, arguing violations of ss. 12 and 15 of the Charter, particularly for First Nations individuals in Ontario.
The court considered significant mitigating factors, including Gladue factors and extensive rehabilitation efforts.
Despite finding a conditional discharge to be in the accused's best interests, the court determined it would be contrary to the public interest given the extremely high blood alcohol readings and the paramountcy of denunciation and general deterrence in impaired driving cases.
The court imposed a fine of $2000, 12 months of probation, and a 12-month driving prohibition.
