Legal limit for THC is constitutional, judge rules in crash that killed GTA mom and three daughters


A Brampton judge has dismissed an Ontario man’s constitutional challenge over Canada’s legal limits for THC while driving, a ruling that means he is guilty of impaired driving in a 2020 crash that killed a Caledon schoolteacher and her three young daughters.

At his trial last year, driver Brady Robertson, 21, pleaded guilty to causing the June 18, 2020, crash that killed Karolina Ciasullo, 37, and her three daughters, six-year-old Klara, three-year-old Lilianna and one -year-old Mila, but denied he was impaired at the time, despite testing well over the legal limit for THC.

In a constitutional challenge, his lawyers argued that the legal limit of five nanograms of THC per millilitre of blood is arbitrary, overbroad and does not correlate with impairment. In arguments heard last November, defense lawyer Mayleah Quenneville argued that it limits the risk of not only catching people engaging in risky behavior but also those “morally innocent” people who use cannabis for medical reasons, and who use responsibly but still have residual THC in their blood.

Following Robertson’s trial, Ontario court Judge Sandra Caponecchia provisionally convicted Robertson on four counts of impaired driving causing death, but said those verdicts were “subject to the outcome of the constitutional challenge.”

Caponecchia rejected that challenge in a ruling released last weekfinding the legal limit complies with Robertson’s charter rights.

Although the THC 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,” she wrote.

Although Robertson’s application “raised complicated policy considerations,” Caponecchia said Parliament took a precautionary approach when it imposed the limit.

“The impact is consistent with Parliament’s stated intention when the possession of cannabis was legalized: to strengthen the laws with a view to not only detection impaired drivers but also determining individuals who consume cannabis from getting behind the wheel of a car when they represent a risk to the public.”

Toxicology results revealed that Robertson’s blood-drug concentration was 40 nanograms of THC per millilitre, eight times the legal limit.

Robertson has already pleaded guilty to four counts of dangerous driving causing death. His convictions of him on four counts of impaired operation by drugs causing death will now also stand.

Crown and defense counsel are expected to make sentencing submissions later this month.

Jason Miller is a Toronto-based reporter for the Star covering crime and justice in the Peel Region. Reach him on email: [email protected] or follow him on Twitter: @millermotionpic

JOIN THE CONVERSATION

Conversations are opinions of our readers and are subject to the Code of Conduct. The Star does not endorse these opinions.



Leave a Comment