R v. B.C. | Examples Of Favourable Verdicts

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R. v. B.C.

Her Majesty the Queen, and

[2003] O.J. No. 4142

Ontario Court of Justice
Brampton, Ontario
Shilton J.

Oral judgment: August 11, 2003.
(53 paras.)

Section 130 – Highway Traffic Act




J. Kalina, for the Crown.
T. Pain, for the accused, Mr. Causer.


SHILTON J. (orally):—

¶ 1      MR. KALINA: Returning to B.C. numbers 12 to 13.

¶ 2      MR. PAIN: It’s B.C., Your Honour.

¶ 3      MR. KALINA: B.C.

¶ 4      THE COURT: Yes.

¶ 5      MR. KALINA: On the ten o’clock list.

¶ 6      MR. PAIN: Yes, Your Honour, this is going to be a plea to — I believe there’s two informations before the Court.

¶ 7      THE COURT: All right.

¶ 8      MR. PAIN: This is going to be a plea to a careless driving and I understand that my friend …

¶ 9      THE COURT: Is the Crown proceeding on the careless driving?

¶ 10      MR. KALINA: Yes, Your Honour.

¶ 11      THE COURT: All right, sworn within the six-month period.  Very well, arraignment on the careless.

¶ 12      THE CLERK OF THE COURT: B.C., you are charged on or about the 21st day of April, in the year 2003, at the City of Mississauga, in the Central West Region, unlawfully did operate a motor vehicle license’s plate number xxxx xxx on a highway namely northbound on Clarence Road just north of Bresler Drive carelessly contrary to section 130 of the Highway Traffic Act.

¶ 13      How do you plead to this charge guilty or not?

¶ 14      ACCUSED MR. C.: Guilty, Your Honour.

¶ 15      THE COURT: Facts.

¶ 16      MR. KALINA: April 21, 2003, at approximately 7:45 p.m. the accused was observed by police to be operating a motor vehicle at a high rate of speed northbound on Campus Road just north of Bresler Drive, in the City of Mississauga. The police were traveling in an unmarked vehicle in a southbound direction, turned the northbound direction in an attempt to catch-up to the accused and the accused had crossed over Highway 409, Campus Road turns into Viscount Drive, Mississauga. It’s posted at 50 kilometer per hour and Campus Road is a paved two-lane road in good condition, changed to Viscount Drive and Highway 409. The configuration of the road changes to four lanes, which is also posted a 50 kilometer zone.

¶ 17      The police attempted to catch-up to the police motor vehicle, he accelerated — sorry, police accelerated their vehicle to 120 kilometer per hour and observed the accused’s motor vehicle still to be pulling away from the police, increasing the distance between the two. Police caught up to the accused motor vehicle at the intersection at Viscount Drive and American Drive where the accused had been stopped for a red traffic signal. He was observed by police to turn left after the northbound traffic signal had changed to green proceeding westerly direction towards Airport Road. Police continued to follow as he accelerated towards the intersection of Airport Road and American Drive. He made a right turn and proceeded northbound on Airport Road against a red light.

¶ 18      He failed to stop for the red light and he made no indication of his right turn and was observed to be traveling approximately 30 kilometers per hour while making a right turn. He turned into the extreme left lane of northbound Airport Road, which is contained with three northbound lanes at this location.

¶ 19      He then accelerated to 85 kilometers per hour, police were immediately behind his vehicle, and the emergency equipment was activated in an attempt to stop the accused motor vehicle. He continued northbound Airport Road for approximately 300 yards before he turned left onto Silver Dart Drive near Airport Road at which time he stopped for police.

¶ 20      Airport Road is posted at 60 kilometer per hour and has six lanes, three northbound and three southbound.

¶ 21      On speaking with the accused, police were approached by a witness who is a Canada Customs Inspector. The witness related to police that at approximately 7:55 p.m. he was stopped at a red light on eastbound Bresler Drive and Campus Road. When you make a left turn and travel northbound, the witness had been stopped at this light for approximately 30 seconds, the traffic signal cycled to green. The light had been green for eastbound traffic for approximately two seconds when the witness proceeded to step on the gas pedal of his motor vehicle, which is a Canada Customs vehicle, attempting to make a left turn. As the witness’s vehicle moved forward, he noticed the vehicle coming from his right, traveling in a northbound direction at a high rate of speed. The witness then advised police that he stopped his vehicle and if he had not stop he would have been involved in a collision because the accused’s motor vehicle proceeded northbound to the intersection against the red traffic light at no attempts to stop.

¶ 22      At that time, the witness observed police to make a U-turn in attempt to stop the accused’s vehicle, which was traveling at a high rate of speed. Subsequent to the further information that police received by the witness. The accused was served a Form Nine appearance for the offence of dangerous driving. Those are the facts.

¶ 23      THE COURT: Those are the facts?

¶ 24      MR. KALINA: Those are the facts.

¶ 25      MR. PAIN: Those are admitted.

¶ 26      THE COURT: Are those admitted?

¶ 27      MR. PAIN: Yes, they are, Your Honour.

¶ 28      THE COURT: What’s proposed here?

¶ 29      MR. KALINA: Six months suspension from driving and a $750 fine.

¶ 30      MR. PAIN: That’s a joint position, Your Honour.

¶ 31      THE COURT: No prior record the Crown is filing?

¶ 32      MR. KALINA: That’s correct.

¶ 33      THE COURT: I’ll hear from defence.

¶ 34      MR. PAIN: Yes, Your Honour. It is a joint submission for six months suspended sentence and $750 fine., Mr. C. is 26 years old; he’s single. He works at Air Canada as an avionics technician. He’s been there since 1998. Following this …

¶ 35      THE COURT: What’s an avionics technician? What’s that?

¶ 36      ACCUSED MR. C.: Your Honour, I prepared the Air Canada aircraft, the electrics.

¶ 37      THE COURT: I see.

¶ 38      MR. PAIN: This was, Your Honour, quite an experience for Mr. C.. He’s never been charged with a criminal offence. Following being charged he signed up for a ministry upgrade course for driving and he’s taken that course. Apparently it’s a course that were his licence to be suspended he would be requested to take in order to get his licence back and he has gone and done that already. This was part of the pretrial decisions that I had with the Crown and part of the reason why they agreed that it would be proceeding in this manner.

¶ 39      THE COURT: Yes.

¶ 40      MR. PAIN: Subject to any questions, Your Honour, has those are my submissions.

¶ 41      THE COURT: All right, thank you.

¶ 42      I should say for the record that the Court of Appeal has issued several judgments over the last two years dealing where the Court has the benefit of a joint submission and the prevailing law is that unless it is contrary to the public interest the Court should seriously consider a joint submission just made to the Court.

¶ 43      The facts of this case are about as close to a dangerous driving as one could possibly imagine and as presented as a careless driving certainly are a serious infraction of that provision. One could only speculate as to what must have been going through your mind during this course of events for the position you hold. The circumstances here are quite disturbing.

¶ 44      Given the plea of guilty however and your antecedents, while it is strain somewhat the consideration of whether or not the facts here for what is proposed could be considered to be within the public interest, I will find favour to what is suggested. You are fined $750, and in addition, under the Highway Traffic Act your licence is suspended for a period of six months. Time to pay the fine?

¶ 45      MR. PAIN: May I request Your Honour, six months to pay that fine.

¶ 46      THE COURT: Six months to pay the fine granted. The other count?

¶ 47      MR. KALINA: Withdrawn.

¶ 48      THE COURT: Withdrawn. Yes, thank you.

¶ 49      MR. PAIN: Thank you, Your Honour.

¶ 50      MR. C.: Thank you, Your Honour.

¶ 51      MR. KALINA: I can indicate for the record that the Crown apparently reviewed the matter and felt that there may have been some difficulty prosecuting.

¶ 52      THE COURT: Very well, thank you.

¶ 53      MR. PAIN: Thank you, Your Honour.

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