Rupinjit Singh Bal

The accused was charged with dangerous driving causing death following a collision on May 15, 2018, that resulted in the death of Jonas Mitchell.

At the preliminary inquiry, the court found that while the Crown could establish the actus reus (the dangerous act of entering an intersection on a red light), it could not establish the required mens rea (mental element) of a marked departure from the standard of care expected of a reasonable driver.

The court discharged the accused, finding that momentary inattention for approximately nine to ten seconds, without evidence of speeding, deliberate red-light running, or erratic maneuvers, did not constitute the criminal fault required for dangerous driving.

The court emphasized that carelessness alone is insufficient for criminal liability and that the consequences of the accident, while tragic, cannot drive the charge when the manner of driving does not meet the criminal threshold.

The applicant sought release from custody pending trial under s. 520(1) of the Criminal Code, citing the COVID-19 pandemic as a material change in circumstances impacting his incarceration at the Central East Correctional Centre.

The court considered the applicant's extensive criminal record, including prior convictions for violence and non-compliance with court orders, and the serious nature of the current firearm-related charges.

Despite acknowledging the elevated risks of COVID-19 in correctional facilities, the court found that the applicant's history and the strength of the Crown's case meant that his release would undermine public confidence in the administration of justice.

The application for judicial release was denied.