A. Dellandrea

The accused was charged with multiple driving and obstruction offences following a collision and subsequent combative arrest.

The court dismissed the accused's Charter applications under ss. 10(a) and 10(b), finding that the 13-minute delay in providing the right to counsel was justified by the accused's highly agitated and actively resistant behaviour.

At trial, the accused was acquitted of dangerous operation, flight from police, and failing to identify himself due to insufficient evidence.

However, the court found the accused guilty of impaired operation, operating with a blood alcohol concentration over 80mg, and resisting a peace officer.

The accused was charged with assault causing bodily harm after a playground altercation involving his son and a group of older children.

The Crown alleged the accused grabbed and twisted the arm of a child who was running away, causing a buckle fracture to her wrist.

The accused denied touching the child, testifying she fell while running.

Applying the W.(D.) framework, the court found the Crown witnesses' evidence had frailties and inconsistencies.

Furthermore, medical evidence indicated the fracture was most likely caused by a forward fall rather than a twisting motion.

The court was left with a reasonable doubt regarding both the commission of the assault and causation, resulting in an acquittal.