S. Albers

Youth sentencing for manslaughter arising from a planned arson of a commercial premises that caused an explosion and the death of a co-participant, together with convictions for arson causing bodily harm and possessing incendiary material for the purpose of committing arson.

The court held that the Kienapple rule did not bar separate convictions for manslaughter and arson causing bodily harm because the offences protect different societal interests, namely life and property.

Applying the YCJA’s emphasis on proportional accountability, rehabilitation, reintegration, restraint in the use of custody, and the social-context approach to anti-Black racism endorsed in Morris, the court found that further incarceration would undermine the young person’s ongoing community progress.

A sentence of one day in open custody, 16 months of conditional supervision, and 18 months probation was imposed, with concurrent dispositions on the remaining counts.

The Crown appealed the acquittal of the respondent on charges of operating a motor vehicle with a blood alcohol level over 80 mg and failing to comply with a recognizance.

The trial judge had excluded evidence under s. 24(2) of the Charter after finding breaches of the respondent's s. 10(a) and 10(b) rights.

The respondent was initially arrested for driving while prohibited, but the officer subsequently began an impaired driving investigation without informing the respondent of the change in focus and delayed providing rights to counsel for four and a half minutes while asking incriminating questions.

The Superior Court of Justice found no error of law in the trial judge's findings of Charter breaches and dismissed the appeal.