R. DiPietro

This sentencing decision addresses the impact of the COVID-19 pandemic on the implementation of intermittent sentences.

The offender pleaded guilty to assault causing bodily harm and assault.

During judicial pre-trials, an intermittent sentence was discussed, but due to the Elgin Middlesex Detention Centre (EMDC) not accepting intermittent prisoners during a COVID-19 outbreak, the judge revisited the sentencing position.

The court ruled that the current inability to serve intermittent sentences as intended constitutes an exceptional circumstance allowing a judge to deviate from a pre-trial agreement.

The judge offered the offender a choice between a 90-day non-intermittent jail sentence or an adjournment to potentially serve an intermittent sentence if EMDC resumes accepting prisoners.

Two accused pleaded guilty to conspiracy to traffic in cannabis marijuana and related drug offences.

The court imposed sentences of six months custody for Mireault and nine months custody for Wray, both followed by two years probation.

The sentencing considered the accused's roles in the conspiracy, their personal circumstances, rehabilitation prospects, and the need for deterrence and denunciation in drug trafficking cases.

Ancillary orders included firearms prohibitions, DNA orders, victim fine surcharges, and forfeiture of property.

The accused was charged with operating a motor vehicle while impaired by drugs following a traffic stop where officers observed excessive speeding and unusual behavior.

A certified drug recognition evaluator conducted roadside and station-based evaluations and concluded the accused was impaired by drugs.

A urinalysis confirmed the presence of multiple substances including cocaine, opioids, and psychiatric medications.

The Crown failed to prove beyond a reasonable doubt that the accused's ability to operate the vehicle was impaired by the drugs in his system.

The charge was dismissed.