S. Yeghoyan

The defendant pleaded guilty to careless driving causing death after crossing a double solid yellow line and striking an oncoming vehicle head-on, killing the other driver.

At the time of the collision, the defendant's driver's licence had been suspended for 20 years, and he had an extensive record of driving offences.

The court emphasized deterrence and proportionality, sentencing the defendant to 75 days of intermittent custody, two years of probation, and a five-year driver's licence suspension.

The accused brought a section 11(b) Charter application alleging unreasonable delay after his trial was postponed due to the COVID-19 pandemic.

The total delay was 23.7 months, exceeding the 18-month presumptive ceiling for the Ontario Court of Justice.

The court found that the delay caused by the pandemic and the subsequent phased reopening of the courts constituted an exceptional circumstance, reducing the net delay to 16.2 months.

The court concluded the defence failed to demonstrate a sustained effort to expedite the proceedings, and the application for a stay of proceedings was dismissed.

The accused, a youthful first offender and heroin addict, pleaded guilty to trafficking in a substance held out to be heroin.

He purchased what he believed was heroin for a friend who was experiencing withdrawal.

Unbeknownst to both, the substance was fentanyl, and the friend died of a fatal overdose.

The Crown sought a 4-year penitentiary sentence, while the defence sought 13 months.

The court found exceptional circumstances, noting the accused was not a commercial drug dealer, had no knowledge the substance was fentanyl, and had made significant rehabilitative efforts.

The court imposed a sentence of 18 months' custody followed by 3 years' probation.