J. Rosenthal

The accused was convicted of criminal negligence causing death and impaired operation of a vessel causing death following the death of an eight-year-old child during a canoeing incident on the Muskoka River during spring run-off.

The accused had consumed alcohol and cannabis before taking the child canoeing toward a waterfall to retrieve a barrel, resulting in the canoe capsizing and the child drowning.

The court imposed a six-year penitentiary sentence and a ten-year prohibition on operating a vessel, finding the accused's conduct demonstrated wanton and reckless disregard for the child's life and safety.

Applications by Uber Canada Inc. and alleged Uber driver Ersan Zukic for stays of proceedings under section 24(1) of the Canadian Charter of Rights and Freedoms based on alleged violations of their right to trial within a reasonable time under section 11(b).

The defendants were charged with bylaw offences under the City of Mississauga Public Vehicle Licensing By-law 420-04.

The court applied the new analytical framework established in R. v. Jordan, 2016 SCC 27, which establishes presumptive ceilings of 18 months for provincial court proceedings.

The court found that the total delay of approximately 24-26 months exceeded the presumptive ceiling and that the prosecution failed to establish exceptional circumstances to rebut the presumption of unreasonable delay.

The court also found that the transitional exceptional circumstance did not apply as the prosecution failed to prove reasonable reliance on the pre-existing law.

Stays of proceedings were granted for all three charges.