B. Guertin

The defendant was charged with impaired driving, refusing to provide a breath sample, dangerous operation of a motor vehicle, and failing to appear in court.

The Crown's case on identity was circumstantial.

The defendant claimed he was a passenger and that another occupant, Jesse Abroquah, was driving.

The court found the defendant was the driver based on eyewitness evidence from a passing motorist who observed the vehicle's trajectory and the occupants' emergence from the vehicle.

The defendant's roadside statement that Abroquah was driving was rejected as a deliberate lie.

The court found the defendant's ability to drive was impaired by alcohol, his driving constituted dangerous operation, he intentionally refused the breath demand, and he knowingly failed to appear in court.

The defendant's Charter application regarding alleged failure to provide a change of clothing was dismissed.

The defendant was found guilty on all four counts.

The defendant brought a bail review application seeking release from custody on charges of unauthorized possession of a loaded restricted handgun, possession of over-capacity magazines, and possession of ammunition.

The defendant had been in custody since August 17, 2018.

The Crown opposed release, emphasizing the serious nature of the firearm offences, the presence of ammunition, evidence of children in the home, and concerns about the sureties' ability to monitor.

The defence argued for release based on a material change in circumstances, including the withdrawal of a reverse-onus charge, the proposed supervision plan with three sureties, and concerns about pre-trial custody approaching sentence length.

The court found the defendant had not met the onus to demonstrate a substantial or material change in circumstances but left the door open for renewal in August after trial proceedings.