2 total
Drug-impaired driving conviction upheld after failed Charter challenge.
The accused was found asleep in the driver's seat at a gas pump after an attendant reported that he had been drifting in and out of consciousness and spilling gas.
The court dismissed Charter claims challenging the arrest, medical-attendance circumstances, drug recognition demand, and evaluation, holding that the arresting officer had reasonable and probable grounds, no reasonable expectation of privacy arose during the in-custody medical assessment, and the evaluation was conducted reasonably.
On the trial proper, the court held that operation was established through the care or control presumption and that the accused's lethargy, slow movements, cannabis odour, DRE observations, and urine toxicology proved impairment by drug beyond a reasonable doubt.
A conviction was entered under s. 320.14(1)(a) of the Criminal Code.
Youthful first offender receives conditional sentence of two years less a day for home invasion.
The offender, a 19-year-old Black male with no prior criminal record, was convicted of break and enter and assault following a home invasion.
The Crown sought a four-year penitentiary sentence, while the defence sought a conditional sentence of less than two years.
The court considered the offender's difficult upbringing, experiences with racism, and strong rehabilitative prospects.
Applying the restraint principle and considering the systemic over-incarceration of young Black offenders, the court imposed a conditional sentence of two years less a day.
