S. Ramage

The defendant, Madeline Di Santo, was charged with careless driving causing bodily harm under section 130(3) of the Highway Traffic Act following a collision with a pedestrian.

The defendant pleaded not guilty.

The court, after a one-day trial, found that the prosecution failed to prove the actus reus of the offence beyond a reasonable doubt.

The judge determined that the defendant was not driving at an unreasonable speed, had an advance green light, and the complainant pedestrian was outside the crosswalk, leading to the conclusion that the defendant's driving did not fall below the standard of a reasonably prudent driver.

The collision was deemed an accident, and the charge was dismissed.

The defendant was charged with "Young Driver – Blood Alcohol Above Zero" contrary to section 44.1(5) of the Highway Traffic Act.

The defendant brought a Charter motion alleging breaches of sections 7, 8, 9, 10(a), and 10(b) of the Canadian Charter of Rights and Freedoms.

The court found that the defendant's right to be advised of her right to retain and instruct counsel was infringed under section 10(b).

Applying the R. v. Grant analysis, the court excluded the breath sample evidence as its admission would bring the administration of justice into disrepute.

With the breath sample evidence excluded and no other admissible evidence of blood alcohol concentration, the court dismissed the charge, finding the prosecution failed to prove an essential element of the offence.