Robin Tremblay

The Crown appealed from a Quebec Court of Appeal judgment that reversed the trial judge's conviction of the respondent for dangerous operation of a motor vehicle causing bodily harm and death contrary to s. 249 of the Criminal Code.

The Supreme Court of Canada, in a unanimous oral judgment, held that the trial judge made no fatal error, took all relevant factors and circumstances into account, and that the Court of Appeal's intervention was not warranted.

The appeal was allowed, the Court of Appeal's judgment set aside, and the trial conviction restored.

The Crown appealed the refusal to order forfeiture of a motor vehicle under s. 490.41(3) of the Criminal Code following the respondent's guilty plea to impaired driving.

The respondent had five prior convictions for alcohol-related driving offences and three for breaches of probation orders or undertakings.

The Supreme Court held that the trial judge erred by considering the sentencing objectives under s. 718 when applying the disproportionality analysis under s. 490.41(3), and that the respondent failed to establish the forfeiture would be disproportionate given his extensive criminal record.

The appeal was allowed and the forfeiture order granted.