J. Smart

The defendant was charged with impaired operation of a motor vehicle, operation with a blood alcohol concentration exceeding 80 milligrams per 100 milliliters of blood, and possession of marijuana.

The Crown established impaired operation through evidence of erratic driving and physical indicators of impairment.

However, the defendant was acquitted of the "Over 80" charge based on the mandatory practice of truncation of breath test results.

The court found that the defendant's lowest breath sample reading of 84 milligrams must be truncated to 80 milligrams in accordance with established training protocols, creating a reasonable doubt.

The defendant was convicted of impaired operation and possession of marijuana.

The accused was charged with criminal harassment contrary to section 264(2)(d) of the Criminal Code, as well as multiple counts of failing to comply with probation conditions (no contact provision, remaining 100 metres away from the complainant's residence/work, and keeping the peace).

The Crown proceeded summarily.

The court found that the criminal harassment charge was not proven beyond a reasonable doubt, as the conduct did not amount to harassment in the legal sense and was not sufficiently threatening to instill fear.

However, the court found the accused guilty of breaching probation conditions by initiating direct contact with the complainant and by driving slowly past the complainant's residence while knowing its location.

An appeal of a Provincial Offences Act conviction where the appellant challenged the trial on grounds of ineffective assistance of counsel.

The trial judge found the appellant guilty of a motor vehicle offense.

On appeal, the court found that the defence paralegal demonstrated incompetency through multiple procedural failures, including inadequate preparation on competing theories of causation, confusion regarding proper criminal procedure, failure to effectively cross-examine witnesses, and lack of understanding of quasi-criminal court practice.

The court found a miscarriage of justice and allowed the appeal.