R. Aitken

The accused pleaded guilty to two counts of impaired driving causing bodily harm.

On January 31, 2015, between 5 and 6 a.m., the accused drove his vehicle while impaired with a blood alcohol concentration between 189 and 214 milligrams per 100 millilitres of blood (nearly triple the legal limit), causing a head-on collision with another vehicle.

The accused's passenger suffered a fractured right hand with ongoing complications.

The other driver suffered catastrophic injuries including shattered ankles, broken femur, pelvis, arm and neck, torn intestines, lacerated spleen, 26 fractures requiring metal plates and rods, and extensive scarring.

The court imposed a sentence of three-and-one-half years incarceration on the first count and 18 months concurrent on the second count, along with a three-year driving prohibition, DNA order, and weapons prohibition.

The accused was charged with having care and control of a motor vehicle while his blood alcohol content exceeded 80 mgs of alcohol in 100 mls of blood contrary to s.253(1)(b) of the Criminal Code.

The accused's vehicle had run out of gas on the roadway, and he was found seated in the driver's seat waiting for a tow truck to bring him fuel.

Police conducted a roadside investigation, obtained a failed approved screening device test, and subsequently obtained two breath samples exceeding the legal limit.

The accused challenged the lawfulness of the investigation and arrest on Charter grounds and argued that the Crown had failed to prove care and control.

The court rejected all Charter challenges and found that the Crown had proven de facto care and control beyond a reasonable doubt, alternatively relying on the presumption in s.258(1)(a) of the Criminal Code.

The accused was convicted.

The accused was charged with operating a motor vehicle with a blood alcohol level above the legal limit on February 5, 2014.

The trial spanned multiple dates over approximately one year.

The defence raised a Charter application and argued that the defendant's regurgitation of stomach contents raised a reasonable doubt as to the reliability of the breath test results.

The court rejected the defence arguments, finding the breath test readings reliable based on expert evidence and the defendant's testimony to be unreliable due to numerous contradictions.

The accused was found guilty.

At sentencing, the court imposed a $1,400 fine (with a $420 victim surcharge), a 12-month driving prohibition, and a 12-month probation order with conditions to attend counselling for alcohol abuse and mental health challenges.

The accused pleaded guilty to three counts of luring a child via computer contrary to Section 172.1(1) of the Criminal Code.

Over a period of three-and-a-half months, the accused engaged in thirteen computer communications with an undercover police officer posing as a 12-year-old girl, including sexually explicit content and masturbation on camera.

No meeting was arranged or attempted.

The accused, a 59-year-old with no criminal record and stable employment history, was sentenced to eight months imprisonment concurrent on all counts, followed by three years probation with strict conditions including a 10-year Section 161 order, 10-year Sex Offender Registration Act order, DNA sampling, and computer forfeiture.