Judge finds that the driver in the Brampton accident who killed mother and 3 girls had drugs in his system; drove dangerously in a separate incident two days earlier

A judge has found that a man who pleaded guilty to four counts of dangerous driving with the cause of death in connection with a Brampton accident that killed a mother and her three daughters had above the legal limit for THC in the blood on the day of the collision, but has reserved the assessment of whether his ability to drive was impaired.

It was on June 18 last year that 36-year-old Karolina Ciasullo and her three daughters – six-year-old Klara, three-year-old Lilianna and one-year-old Mila – were driving near Torbram Road and Countryside Drive when they were hit. of an Infiniti G35. All four died as a result of the crash.

The driver, Brady Robertson, has pleaded guilty to four counts of dangerous driving with death.

However, he has pleaded not guilty in four cases of impaired driving with death. His lawyers have also launched a constitutional challenge to the law as it pertains to weakening drugs.

In a ruling on Tuesday, Judge Sandra Caponecchia said she was certain Robertson had an unknown amount of THC and the sedative flubromazolam in his system when he last drove on June 18, 2020. However, she said she is not sure whether the Crown has proved beyond any reasonable doubt that one or both substances in his blood to some extent impaired his ability to drive.

A toxicologist testified in court that flubromazolam is a drug that can impair a person’s ability to drive a car, but the effect on any person depends on the dosage and the individual tolerance. The drug can also be detected in blood days after use.

Caponecchia found out that Robertson had ingested an unknown amount of hashish between 6 p.m. 7.00 and 9.00 in the morning where the accident took place but said it was not clear if he was experiencing the worsening effects of the drug as he caused the collision around 7am. 12:15. pm

The court heard that 45 minutes after the collision, Robertson had 40 ng / ml blood of THC in his blood, whereas the current law does not allow more than 5 ng / ml two hours after driving.

Robertson’s lawyers have argued that the current law is not a good indication of impairment.

“In summary, the toxicological evidence in this case establishes that Mr. Robertson had an unknown amount of flubromazolam and TCH in his blood when he last drove on June 18, 2020. It does not go so far as to prove that the drugs were necessarily harmful to Mr. Robertson. Robertson’s ability to drive, ”Caponecchia wrote in a copy of the decision given to CP24.

She also weighed other factors, such as Robertson’s presentation on the spot, motive for dangerous driving, driving licenses and poor judgment.

“It is my overall assessment that Mr. Robertson’s ability to operate a motor vehicle was likely and most likely impaired by drugs on June 18, 2020. Nevertheless, such a conclusion is not evidence beyond any reasonable doubt,” the judge wrote.

While Caponecchia endured a verdict on the charges of hardened driving that caused the death, pending the constitutional challenge, she found him guilty of dangerous driving in connection with an incident in Caledon two days before June 16th.

Dashcam footage presented in court showed the driver of a car slowly driving north on Kennedy Road, moving out of his lane and driving through the intersection without stopping after a stop sign at Dougall Avenue around 6 p.m. 20.25

“The suspect vehicle continues to mount the sidewalk and bump into planters and two trash cans outside a coffee shop located on the northeast corner of Kennedy Rd and Dougall Ave.,” the judge wrote in his ruling.

While bystanders tried to catch the driver’s attention, thinking he might have suffered a medical episode, he put the car in reverse and took off.

Shortly afterwards at 20.47 noticed an officer sent to the incident at the cafe, a driver who matched the description, heading east on King Street.

As he chased the vehicle, the officer noticed that it widened its lead, even as it approached 130 kilometers per hour.

“At one point, the officer noticed that the driver of the suspected vehicle was driving on the gravel shoulder for a few seconds, creating dust. The officer also noticed that the driver pulled into the oncoming lane for a few seconds to overtake another vehicle.” remarked the judge.

The officer eventually interrupted the pursuit for reasons of public safety.

“In this case, I am satisfied that the constellation of clues only gives a reasonable conclusion, namely that on June 16, 2020, it was Mr. Robertson who drove his newly purchased Infiniti with his aunt’s license plate,” he said. wrote the judge and found that it was the same car in both places.

The arguments are expected to continue in the case tomorrow.

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