Lilah Vassilenko

The accused was charged with operating a motor vehicle with a blood-alcohol concentration exceeding the legal limit contrary to section 320.14(1)(b) of the Criminal Code.

The accused brought a Charter application to exclude breath sample evidence, alleging multiple breaches of his rights including: (1) arrest and approved instrument demand without reasonable grounds; (2) delayed notification of the right to counsel; (3) failure to facilitate access to counsel at the roadside and counsel of choice at the station; and (4) video recording of cell toilet use.

The court found one Charter breach—a nine-minute delay in informing the accused of his right to counsel—but admitted the evidence under section 24(2) of the Charter, finding that exclusion would harm the administration of justice more than admission.

The accused was found guilty.

A young person was convicted of robbery contrary to section 343 of the Criminal Code following a planned, coordinated attack on a victim at a bus stop.

The victim was robbed of an expensive coat at knifepoint and suffered a concussion requiring hospitalization and causing him to lose his academic year.

The court imposed an 18-month probation sentence with ancillary conditions including firearms prohibition and DNA orders, accepting a joint submission from Crown and defence counsel despite noting that other sanctions would better meet the sentencing objectives under the Youth Criminal Justice Act.