R. v. Bourassa (J.J.), 2015 SKPC 78

• Judge: Gordon, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: May 25, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKPC 78;(2015), 477 Sask.R. 121 (PC)

R. v. Bourassa (J.J.) (2015), 477 Sask.R. 121 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JL.038

Her Majesty the Queen v. Joshua James Bourassa

(Information: 24432275; 2015 SKPC 78)

Indexed As: R. v. Bourassa (J.J.)

Saskatchewan Provincial Court

Gordon, P.C.J.

May 25, 2015.

Summary:

The accused pleaded guilty to driving while having an excessive blood-alcohol level. The Crown proceeded summarily. The accused applied for a curative discharge. The Crown opposed the application and filed a Notice of Intention to Seek Greater Punishment. The Crown proceeded by subsequent conviction.

The Saskatchewan Provincial Court imposed a curative discharge, two years' probation and a three year driving prohibition.

Criminal Law - Topic 4434

Verdicts - Discharges and dismissals - Discharge conditional upon curative treatment - The 40 year old accused pleaded guilty to driving while having an excessive blood-alcohol level (summary conviction) - The police performed a traffic stop based on a report of erratic driving - There was an odour of alcohol and a fail approved screening device test - The accused admitted wrong doing at the scene - His breathalyzer readings were at the low end of the scale (130 mg percent and 110 mg percent) - He had a July 5, 2006 conviction for driving while disqualified and, from 2003 to 2006, three drinking and driving convictions - He and his partner had two children - The partner had one child from a prior relationship - The accused applied for a curative discharge - The Crown filed a Notice of Intention to Seek Greater Punishment - The Saskatchewan Provincial Court stated that the circumstances of the offence and the accused's criminal record were not important considerations here - His proposed course of treatment, including upgrading his education, was likely to succeed - He had not consumed alcohol since prior to going to treatment at the Metis Addiction Centre in Regina in February of 2014, and had made a commitment to himself to never drink again - He was supported by his family - He had completed a significant portion of his education and had followed his recovery plan - There were many factors motivating him to do so, including a desire for better employment and to break out of the family cycle of alcoholism - It was in the public interest to grant a curative discharge with appropriate safeguards - The court imposed two years' probation which conditions for, inter alia, treatment and counselling, abstention from the use, possession or consumption of alcohol and illegal non-prescription drugs, a prohibition from entering premises in which the primary purpose was the sale or consumption of alcohol, and attendance at an education facility - The court also imposed a three year driving prohibition.

Criminal Law - Topic 5723

Punishments (sentence) - Probation or probation order - Conditions - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5799.4

Punishments (sentence) - Prohibition orders - Respecting alcohol and drugs - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5835

Sentencing - Considerations on imposing sentence - Protection of the public - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5849.13

Sentencing - Considerations on imposing sentence - Drinking and driving offences - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5849.16

Sentencing - Considerations on imposing sentence - Addicts - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5886

Sentence - Impaired driving - [See Criminal Law - Topic 4434 ].

Counsel:

Brian Hendrickson, Q.C., for the Crown;

Merv Nidesh, Q.C., for the accused.

This application was heard at Moose Jaw, Saskatchewan, by Gordon, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on May 25, 2015.