Ontario judge rejects constitutional challenge of law on cannabis-impaired driving

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An Ontario judge overseeing the trial of a driver who struck and killed a woman and her three young daughters in Brampton nearly two years ago has rejected his challenge of the law on cannabis-impaired driving.

Brady Robertson, of Caledon, Ont., has pleaded guilty to four counts of dangerous driving causing death in connection with the June 18, 2020 collision that killed Karolina Ciasullo and her three daughters, Klara, Lilianna and Mila, who were between the ages of six and one.

Defence lawyers raised, as a hypothetical scenario, the possibility that frequent cannabis users could have residual THC levels beyond the legal limit even after the impairing effects of the drug wore off. She concluded, however, that while the legal limit may affect some frequent and chronic users of cannabis, “it does so in a way that does not violate the principles of fundamental justice because on balance, the impact is neither arbitrary, nor overbroad.”

Even so, “blood can only be seized when there are reasonable grounds to believe an offence has been committed,” she wrote.Sentencing submissions in the case are scheduled to begin April 25.

 

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Thank goodness no way to wiggle out

Ridiculous...... there is a standard of 80mgs of alcohol in 100ml of blood for alcohol impairment.... so when you consider that a functional alcoholic can blow over 80 even when seemingly unimpaired its no different really

Dude. That’s settled law. Like super settled. Talk about a last-ditch defence strategy. Guess the dude really didn’t want to take the guilty plea he should have taken.

I swear to fucking god if this guy gets off with a light sentence, I will crowdfund a Dexter Morgan.

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