Brady Robertson, of Caledon, Ont., Pleaded guilty to four counts of dangerous driving causing death in connection with the June 18, 2020 accident that killed Karolina Ciasullo and her three daughters, Klara, Lilianna and Mila, aged 1 to 6 years.

But he was not guilty of four counts of driving with a drug disability causing death, and his lawyers have filed a constitutional challenge to Canadian law that sets a legal limit for blood levels of THC. while driving.

In Canada, the Criminal Code prohibits driving while disabled to any level of drugs, alcohol, or a combination of the two. This constitutional defense remedy has the potential to make case law in the country.

Debate over the legal limitations applied to cannabis in the blood

They argued that the limit of five nanograms of THC per milliliter of blood (5 ng/ml) within two hours of driving was arbitrary and excessive, as it was not associated with disability.

Defense attorneys raised, as a hypothetical scenario, the possibility that frequent cannabis users have residual amounts of THC that are beyond legal limits even after the drug’s harmful effects.

Ontario court judge Sandra Caponecchia had previously found that Mr Robertson had a blood THC level of 405 ng/ml about 45 minutes after the crash, but said the verdict was for disabled drivers that charges depend on the outcome of the constitutional challenge.

In a decision released last week, Judge Caponecchia said the challenge was mounting complex political considerations.

He concluded, however, that while the legal limitation may affect some frequent and chronic cannabis users, it does so in a way that does not violate the principles of basic justice because, in general, the effect is not arbitrary or too broad..

Prevents cannabis users from driving

The effect is in line with Parliament’s stated intention when legalizing the possession of cannabis: to strengthen laws not only to identify drunk drivers, but also to prevent people who use cannabis from driving when they drive of danger to the public. he wrote.

Furthermore, the judge said one cannot assume that a THC reading of 5 ng/ml reflects a harmless amount of residual amount of THC as opposed to evidence of recent use, with every frequent use of cannabis.

Even, blood can only be confiscated when there is reasonable basis to believe that an offense has been committedhe wrote.

Serious consequences for the families of the victims

Brady Robertson’s attorney declined to comment on Thursday’s decision.

Sentence submissions in the case are scheduled to begin on April 25.

At a sentencing hearing in December, tearful friends and relatives expressed their grief over the loss of Karolina Ciasullo and her daughters.

Ms Ciasullo’s older sister, Anna Martin, told a Brampton court she felt like a zombie and that she was struggling to navigate life without her sister.

Others said the accident caused them shock, with some expressing fear of driving or riding in a car.