Peter Hageraats

The accused was charged with impaired driving and driving with a blood alcohol concentration exceeding the legal limit.

The Crown conceded that the accused was both impaired and over 80 mg/100 ml of blood.

The sole issue was whether the accused was in care or control of the motor vehicle.

The accused was found in the driver's seat of his parked car at a military base.

The defence established that the accused had arranged for an alternative plan of transportation (a designated driver), had divested himself of the vehicle keys to a third party, and was merely waiting in the vehicle to shelter from the rain until the designated driver returned.

The court found that the accused had met his burden under s. 258 of the Criminal Code to establish that he did not occupy the driver's seat for the purpose of setting the vehicle in motion.

The accused pleaded guilty to manslaughter arising from the fatal stabbing of his common-law partner during an argument.

After inflicting a deep abdominal wound with a kitchen knife, the accused failed to obtain medical assistance for approximately 24 hours despite clear signs of serious injury, prioritizing concerns about breaching probation conditions over the victim’s welfare.

The court found beyond a reasonable doubt that the stabbing involved moderate to severe force and that the accused knowingly chose not to seek medical attention despite the obvious need.

Aggravating factors included domestic violence, the use of a weapon, extensive prior criminal history including prior assaults on partners, and multiple breaches of probation conditions at the time of the offence.

The guilty plea was treated as a mitigating factor.

A sentence of 12 years’ imprisonment for manslaughter was imposed, with a concurrent 12‑month sentence for breach of probation and credit for pre‑sentence custody.