J. Passi

The accused was charged with operation of a motor vehicle with excess blood alcohol following a three-vehicle collision.

The central issue at trial was whether the Crown could prove beyond a reasonable doubt that the accused's blood alcohol concentration exceeded 80 milligrams per 100 millilitres of blood at the time of the collision, given that breath samples were taken more than two hours after the driving occurred.

The court considered whether it was appropriate for the trial judge to draw inferences from toxicology evidence regarding a readback calculation to an earlier time period.

The court found that on the specific facts of this case, with a narrow time gap between the proven time of driving and the toxicologist's opinion timeframe, and with no evidence of post-collision drinking or bolus consumption, it was appropriate to draw the inference that the accused's blood alcohol concentration exceeded the legal limit at the time of driving.

A youth offender pled guilty to three offences under the Criminal Code: procuring a person under 18 to provide sexual services, receiving financial benefit from the sale of sexual services, and advertising the sale of sexual services.

The offender, aged 17 at the time of the offences, recruited two underage girls (ages 15 and 16) into prostitution over a two-day period in July 2015, acting as their pimp and collecting the proceeds.

The Crown sought a custodial sentence of 9-12 months, while the defence sought a non-custodial sentence.

The court imposed a deferred custody and supervision order for six months (credited as time served due to restrictive bail conditions) followed by two years probation with strict conditions.