Ontario criminal decisions

Given accused’s blood alcohol level, expert evidence alone was sufficient to establish impairment

Criminal Law - Offences Against the Person and Reputation - Impaired Driving Causing Death

Accused did not have burden of establishing the reasonable opportunity to consult counsel

Criminal Law - Charter of Rights and Freedoms - Arrest or Detention [s. 10]

Circumstances of accident itself were strong indicator of impairment

Criminal Law - Search and Seizure - Search With Warrant

Couldn’t give classic instruction due to nature of liability for dangerous driving

Criminal Law - Jury - Charging Jury

Without use of presumptions, charge of driving with excessive alcohol should have been dismissed

Criminal Law - Offences Against the Person and Reputation - Driving/Care Or Control with Excessive Alcohol [Over 80]

Accused did not pose danger to public if stay of her driver’s license suspension were granted

Criminal Law - Appeals - Appeal from Sentence