P. Sun

The accused pleaded guilty to production of cannabis resin and arson by negligence after a butane extraction laboratory he operated in a residential basement caused an explosion.

The explosion destroyed the house, severely damaged two neighbouring homes, and caused serious burn injuries to the accused.

The court accepted a joint submission from the Crown and defence, sentencing the accused to a global term of three years' imprisonment, reduced to two years and one month after credit for pre-sentence custody and strict bail conditions.

The defendant was charged with impaired driving and over 80 milligrams of alcohol per 100 millilitres of blood following a roadside R.I.D.E. stop.

The Crown conceded special circumstances existed.

The defendant brought a Charter application to exclude the certificate of analysis on the basis that his rights to counsel were not properly communicated due to incompetent interpretation services.

The court found that while the arresting officer acted in good faith and attempted to fulfill constitutional duties, the police-arranged Mandarin interpreter provided negligent translations of the rights to counsel, resulting in the defendant not being properly informed of his legal rights and the resources available to him.

The court concluded that the defendant's apparent waiver of counsel could not be considered an informed waiver given the poor quality of interpretation.

The breath readings were excluded and an acquittal was entered on the over 80 charge.