R. Schwartz

The accused, an on-duty police officer, was convicted of dangerous driving causing death after striking a pedestrian while driving at a high speed to catch up with a surveillance team.

The Crown sought a 12-month jail term, while the defence sought a non-custodial disposition.

The court found genuine remorse and a diminished need for general deterrence compared to other driving fatalities.

The accused was sentenced to 8 months' imprisonment.

The appellant appealed his conviction and sentence for a serious weapons offence involving a loaded handgun.

He argued that his investigative detention violated his rights under sections 8 and 9 of the Charter.

The Court of Appeal dismissed the conviction appeal, finding the trial judge correctly concluded that reasonable grounds for detention existed based on reliable confidential information corroborated by surveillance.

The sentence appeal was also dismissed, as the sentence was not demonstrably unfit given the prevalence of handgun crimes in the community.