G. F. Hearn

The offender pleaded guilty to impaired driving by drug causing death, two counts of impaired driving by drug causing bodily harm, assault, and possession of stolen property.

While under the influence of methamphetamine and driving a stolen vehicle at excessive speeds, the offender ran a stop sign and struck another vehicle, killing its driver and seriously injuring his own passengers.

The court emphasized denunciation and deterrence, imposing a total sentence of 7 years, 5 months, and 20 days imprisonment, along with driving prohibitions.

The accused was charged with impaired driving and driving over 80 after a single-vehicle rollover accident.

At a blended trial and Charter application, the accused argued his s. 7 rights were violated because his admission to being the driver was compelled by the Highway Traffic Act, and his s. 10(b) rights were violated because police did not allow him to call his parents to help find a lawyer.

The court dismissed the application, finding the admission was not made under statutory compulsion as it was a brief exchange during initial investigation, not an accident report.

The court also found no s. 10(b) breach, as the accused did not explain why he wanted to call his parents and was not reasonably diligent in exercising his right to counsel after being given multiple opportunities.