Court of Appeal for Ontario
Judges: Feldman, Benotto and Miller JJ.A.
Between:
Her Majesty the Queen Respondent
and
Joseph Blair Warren Appellant
Counsel:
Joseph Blair Warren, in person Tracy Kozlowski, for the respondent
Heard and released orally: June 6, 2016
On appeal from the sentence imposed on March 10, 2014 by Justice Frederic Campling of the Ontario Court of Justice.
Appeal Book Endorsement
1The appellant pled guilty to impaired driving causing death and driving without an interlock device contrary to court order. Part of his sentence was a lifetime driving ban following 5 years in penitentiary. This was his third impaired driving conviction. Under s. 259(2)(a.1) of the Criminal Code of Canada, R.S.C. 1985, c. C-46, the trial judge has the discretion to impose any length of driving prohibition. The trial judge imposed a lifetime prohibition. He was aware this would affect the appellant’s employment prospects as he was a crane operator.
2There is no basis to interfere with this decision. We agree with it. It is necessary for the protection of the public and consistent with authority of this court: see R. v. Boukchev (2003), 2003 CanLII 26654 (ON CA), 177 O.A.C. 119; and R. v. Cowl, 2009 ONCA 347.
3The appeal against sentence is dismissed.