A Brampton Superior Court judge ruled that 21-year-old Brady Robertson had more than the legal limit for THC in his blood on the day his car collided with the SUV driven by Caledon school teacher Karolina Ciasullo and his three daughters, which resulted in their deaths. But the judge is not satisfied that despite elevated levels of THC and a sedative called flubromazolam in Robertson’s blood, his ability to drive has suffered.
Judge Sandra Caponecchia explained that her findings on the four charges of driving under the influence that resulted in the deaths of 36-year-old Ciasullo and his three girls, 6-year-old Klara, 3-year-old Lilianna, and 1-year-old Lilianna . Mila Ciasullo will depend on the result of a constitutional challenge that is being argued before her.
Robertson’s lawyers have argued that there is a poor correlation between THC in the blood and impairment and that just because someone has THC in their blood does not mean they are affected, as chronic cannabis users can have THC in their blood. for up to a week. The crown continues to present its evidence.
Read more:
Brady Robertson’s attorneys are trying to repeal the relatively new drug driving law
In his judgment, Caponecchia dismissed statements the 21-year-old Caledon man made to paramedics after colliding with Ciasullo’s white Volkswagen Atlas at the intersection of Countryside Drive and Torbram Road in Brampton on June 18, 2020 just after the noon, denying that he had used any drugs. Instead, upon discovering that Robertson had 40 nanograms of THC / ml of blood 45 minutes after the accident, and just over two hours later, that level had dropped by 15 nanograms / ml. He also had 21 nanograms / ml of the sedative flubromazolam in his first blood sample.
“I discovered that Mr. Robertson used cannabis between 7:00 AM and 9:00 AM on the morning of June 18, 2020,” she wrote, but said she could not be satisfied beyond a reasonable doubt that one of the two drugs in his blood affected Robertson’s ability to drive.
Read more:
Drug and blood tests deemed admissible at trial of man accused in Brampton crash that killed 4
Regarding an incident in Caledon two days before the fatal accident, Caponecchia found Robertson guilty of dangerous driving. Dashcam video shown at trial captured a Blue Infiniti sports car without a front license plate riding a sidewalk at the corner of Kennedy Road and Dougall Avenue in Caledon. Witnesses can be seen trying to stop the driver who appears to be drunk behind the wheel. At one point, even opening the passenger door before the young white man puts the car in reverse and accelerates.
“I am satisfied that the constellation of circumstantial evidence lends itself to one reasonable conclusion, that on June 16, 2020, it was Mr. Robertson who was driving his newly purchased Infiniti with his aunt’s license plate,” said Caponecchia.
Robertson, who has been in custody since his hospital arrest six days after the fatal accident in which he was recovering from two broken legs, has already pleaded guilty to four counts of dangerous driving resulting in death, related to the fatal collision.
It is unclear when the judge will rule on the request to repeal the drug driving law. A sentencing hearing has been set for December.
Reference-globalnews.ca