3 total
Conditional discharge denied and $2000 fine imposed for impaired driving despite significant Gladue factors.
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.
The court granted the Crown's application to allow three police officers to testify remotely by video-link due to COVID-19 risks.
The Crown brought an application seeking an order pursuant to section 714.1 of the Criminal Code to permit three police constables to testify remotely by video-link from the Sault Ste.
Marie police station rather than in person at trial.
The accused opposed the application, arguing that in-person testimony was essential given the nature of the charges involving direct physical and verbal interaction between the officers and the accused.
The court granted the application, finding that the video-link technology would not impair the accused's right to a fair trial, that the officers' status as front-line workers exposed to COVID-19 presented a legitimate safety concern, and that suitable safeguards could be implemented to preserve the integrity of the proceedings.
A child is determined to be a First Nations child based on the father's self-identification and family heritage, transferring the child protection proceeding to an Indigenous agency.
The Children's Aid Society of Algoma brought a motion to determine whether a child born in 2018 is a First Nations child and, if so, whether the child identifies with the Batchewana First Nation.
The motion also sought orders to add the Batchewana First Nation as a party respondent and to transfer conduct of the proceeding to Nogdawindamin Family and Community Services.
The court found that the child is a First Nations child based on the father's self-identification as an Aboriginal person with Batchewana First Nation heritage and his maternal grandfather's Aboriginal ancestry.
The court granted the motion, adding Batchewana First Nation as a respondent party and substituting Nogdawindamin Family and Community Services as the applicant.
