Justice Richard H.K. Schwarzl

The accused was charged with impaired driving contrary to s. 253(1)(a) of the Criminal Code and driving with excess blood alcohol contrary to s. 253(1)(b).

The trial addressed two issues: whether the Crown proved beyond a reasonable doubt that the accused's ability to operate a motor vehicle was impaired by alcohol consumption, and whether the accused's rights to counsel were violated by police failing to provide legal advice in Korean.

The court found the accused guilty on both counts, rejecting the accused's explanations for observed signs of impairment and finding no Charter violation regarding the right to counsel.

A young person convicted of second-degree murder at age 17 was sentenced to 26.5 months secure custody followed by 36 months conditional supervision.

Upon release into the community in June 2012, the young person was subject to a Conditional Supervision Order (CSO).

In March 2013, the young person absconded from supervision for 168 days and was arrested on serious adult charges including armed robbery, aggravated assault, and drug trafficking.

A review hearing was held to determine whether the young person was in breach of the CSO and what remedy was appropriate.

The court found serious breaches and a significant increased risk to public safety, ordering the young person to serve the remainder of the sentence in custody.