Justice D. Oleskiw

The offender pleaded guilty to assault causing bodily harm, unnecessary injury to a dog, and two counts of assault against his former girlfriend over a period spanning April 2017 to August 2018.

The offences occurred in the context of a domestic relationship characterized by escalating violence, control, humiliation, and threats.

The offender failed to attend multiple sentencing dates and did not cooperate with the presentence report process.

The court imposed a custodial sentence of 16 months less presentence custody, apportioned consecutively across the four counts, along with an 18-month probation order with conditions including no contact with the victim, participation in domestic violence programming, and prohibition on animal ownership.

The accused was charged with driving with over .80 milligrams of alcohol in 100 millilitres of blood and impaired operation of a motor vehicle following a motor vehicle collision on October 28, 2018.

The defence raised multiple Charter challenges including allegations of lost evidence (911 calls and cell video), breaches of the "forthwith" requirement under section 254(2) of the Criminal Code, breaches of the "as soon as practicable" requirement under section 254(3), and violations of the right to counsel.

The court rejected all Charter arguments and found the accused guilty on both counts based on breath test results showing readings of .225 and .215, expert toxicology evidence, and the circumstances of the collision.