An Ontario judge overseeing the trial of a driver who hit and killed a woman and her three young daughters in Brampton nearly two years ago rejected his challenge to the cannabis-impaired driving law.
Brady Robertson of Caledon, Ont., Has pleaded guilty to four counts of dangerous driving, causing death in connection with the June 18, 2020 clash that killed Carolina Chasullo and her three daughters, Clara, Liliana and Mila, who were age between six and one.
But he pleaded not guilty to four counts of surgery while being harmed by drugs that killed him, and his lawyers filed a constitutional challenge to Canadian law setting a legal limit on the concentration of THC in his blood while driving.
They claim that the limit of five nanograms of THC per milliliter of blood within two hours after driving is arbitrary and excessive because it does not correlate with damage.
Defense attorneys cited as a hypothetical scenario the possibility that frequent cannabis users may have residual THC levels above the legal limit even after the harmful effects of the drug have subsided.
Ontario court judge Sandra Caponechia previously found that Robertson had a blood THC concentration of 405 ng / ml about 45 minutes after the crash, but said the verdict on the injury charge would depend on the outcome of the constitutional challenge.
In a decision released last week, Caponekia noted that the challenge raises “complex political considerations”.
However, she concluded that while the legal restriction may affect some frequent and chronic cannabis users, “it does so in a way that does not violate the principles of fundamental justice, because in general the impact is neither arbitrary nor excessive.”
“The impact is in line with Parliament’s stated intention when cannabis possession was legalized: to strengthen laws not only to detect drivers with disabilities, but also to discourage cannabis users from getting behind the wheel of car when they pose a risk to the public, “she wrote.
In addition, the judge said that a THC reading of 5 ng / ml could not be considered to reflect a “harmless residual THC level”, unlike evidence of recent consumption, with each frequent use of cannabis.
However, “blood can be taken only when there are reasonable grounds to believe that a crime has been committed,” she wrote.
Robertson’s lawyer declined to comment on Thursday.
Sentencing is set to begin on April 25.
At a sentencing hearing in December, weeping friends and relatives revealed their grief over the loss of Chasulo and her daughters.
Chasulo’s older sister, Anna Martin, told a court in Brampton that she felt like a “zombie” and was struggling to navigate life without her brother and sister.
Others said the crash left them in shock, with some fearing driving or getting into a car.
This report from The Canadian Press was first published on April 14, 2022.
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