Brady Robertson of Caledon, Ont. aged between years.  six and one.
However, he pleaded not guilty to four counts of surgery while having problems with the drugs that caused his death, and his lawyers have challenged a Canadian law that sets a legal limit on the concentration of THC in the blood while driving.
They claimed that the limit of five nanograms of THC per milliliter of blood within two hours after driving is arbitrary and excessive, because it is not related to harm.
Defense attorneys have cited, as a hypothetical scenario, the possibility of frequent cannabis users having residual THC levels beyond the legal limit, even after the elimination of the harmful effects of the drug.
Ontario court judge Sandra Caponecchia previously found that Robertson had a blood THC level of 405 ng / ml about 45 minutes after the crash, but said the verdict on the impairment charges would depend on the outcome of the constitutional dispute.
In a decision released last week, Caponecchia noted that the challenge raises “complex policy issues”.
However, he concluded that while the legal limit may affect some frequent and chronic cannabis users, “it does so in a way that does not violate the principles of fundamental justice, because in general, the impact is neither arbitrary nor excessive”.
“The impact is in line with Parliament’s stated intention when cannabis possession was legalized: to enforce laws aimed not only at identifying disabled drivers but also at preventing cannabis users from getting behind the wheel of a car when they are danger to the public “, he wrote.
The judge also said that it could not be assumed that a 5 ng / ml THC reading reflected a “harmless amount of residual THC level”, as opposed to recent consumption data, in any frequent cannabis use.
Even so, “he can only grab blood when there is good reason to believe that a crime has been committed,” he wrote.
Robertson’s lawyer declined to comment on the ruling Thursday.
The sentencing is scheduled to begin on April 25.
At a sentencing hearing in December, tearful friends and relatives expressed grief over the loss of Ciasullo and her daughters.
Ciasullo’s older sister, Anna Martin, told a Brampton court that she felt like a “zombie” and was struggling to navigate life without her brother.
Others said the collision shocked them, with some expressing fear of driving or boarding a car.
This Canadian Press report was first published on April 14, 2022.