Brady Robertson was behind the wheel of his Infiniti G35 In June 2020 with more than eight-times the legal limit of cannabis in his system when he sped through the intersection of Torbram Road and Countryside Drive in Brampton, slamming into the SUV carrying Karolina Ciasullo and her daughters.
He was driving allegedly at about 167 kilometres per hour as he approached the intersection .
At the beginning of the case, Robertson pleaded guilty to four counts of dangerous operation of a motor vehicle causing death, and not guilty to four counts of impaired driving and a dangerous driving charge involving another reckless incident caught on video two days before the deadly collision.
Robertson’s lawyers claimed Canada’s impaired driving laws are “arbitrary and overboard” when it comes to THC, the active ingredient in cannabis.
“I am satisfied that while the 5 ng/ml per se limit may impact 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.
In making their case, lawyers for Robertson presented a series of hypothetical scenarios in an attempt to poke holes in Canada’s impaired driving laws.
“Both experts agree that studies show that habitual cannabis users can have 5ng/ml or more of residual THC after the impairing effects of the THC have worn off,” the judgement reads.
“I am satisfied that the 5ng/ml per se limit was specifically put in place in anticipation of the legalization of cannabis with the objective to deter individuals who consume cannabis from getting behind the wheel of a car when they could represent a risk to the public.
In a high-profile case, Marco Muzzo was sentenced to ten years in prison following his 2016 guilty plea after being charged with four counts of impaired driving causing death and two of impaired driving causing bodily harm.
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