S. Murphy

The accused, Christopher Filiault, pleaded guilty to failing to remain at the scene of a fatal accident and obstructing justice after his vehicle struck and killed a seven-year-old child.

The court considered aggravating factors, including the profound impact on the victim's family and the accused's attempts to hide his involvement, and mitigating factors such as his guilty plea, genuine remorse, and positive prospects for rehabilitation.

The central issue was whether a conditional sentence was appropriate, balancing denunciation and deterrence with rehabilitation.

The court ultimately imposed a 12-month conditional sentence with strict house arrest and GPS monitoring, followed by 12 months probation, along with a 3-year driving prohibition, DNA order, and weapons prohibition.

Dr. Rajkumar was charged with impaired driving.

The defence alleged multiple Charter breaches (s. 8, 9, 10(b)) related to the breath demand immediacy, the right to counsel, and unreasonable detention ("overholding").

The court found that the breath screening demand was not immediate, breaching s. 8 and s. 10(b), and that the right to counsel was not properly facilitated, breaching s. 10(b).

The Crown conceded a s. 9 breach for overholding.

Applying the R. v. Grant test, the court found the cumulative breaches serious and their impact significant, outweighing society's interest in adjudication on the merits.

The breath testing results were excluded from evidence, leading to an acquittal.