S Magotiaux

A young person, J.S., was charged with dangerous driving causing death and bodily harm after a single-vehicle rollover collision.

The court first addressed a Charter challenge regarding the admissibility of Airbag Control Module (ACM) data, finding no reasonable expectation of privacy in the limited data extracted, thus admitting it.

On the merits, the court found that while J.S. drove too fast for the conditions and made poor decisions (e.g., too many passengers, no seatbelts, alcohol), the Crown failed to prove beyond a reasonable doubt that her driving constituted a "marked departure" from the standard of a reasonable driver.

This was due to significant uncertainties in interpreting the ACM data, the unknown impact of a faulty brake, and the unpredictable nature of the road and vehicle modifications.

J.S. was acquitted of all charges.

The applicant, G.H., sought to re-elect his mode of trial from the Ontario Court of Justice to the Superior Court of Justice with a judge and jury, asserting a right to do so under s. 561(2) of the Criminal Code, or alternatively, requesting a transfer under s. 555(1).

The Crown opposed, arguing the trial had already commenced for the purposes of s. 561(2) due to substantive pre-trial applications (s. 278.4 and s. 714.2 hearings).

The court dismissed the application, finding that the trial had commenced with the substantive pre-trial applications, thus G.H. no longer had a right to re-elect without Crown consent.

The court also declined to exercise its discretionary power under s. 555(1), finding no sufficient basis to disrupt proceedings, despite the applicant's concerns about COVID-19 and judicial re-assignment.