For too long, sentences for impaired driving causing death have been egregiously low, but a brave judge decided enough was enough. Now, Ontario's highest court has upheld her decision, affirming that tougher penalties for impaired driving are here to stay.
The unprecedented sentence of 17 years in prison was delivered in 2022 for Brady Robertson, an unlicensed driver who was fleeing police in Brampton with eight times the legal limit of THC in his system when he killed a mother and her three daughters. Robertson appealed his conviction and sentence, arguing they should be overturned, but the Ontario Court of Appeal rejected his arguments.
Details of the crash
On June 18, 2020, Karolina Ciasullo had taken her daughters Klara, 6, Lilianna, 3, and Mila, 1, to swim at their grandparents' pool. They were on their way home when Robertson, in his second high-speed police chase in two days, ran a red light, slammed into their minivan, and sent a concrete light standard crashing through the roof of their vehicle. Robertson, a 21-year-old unemployed high school dropout, had accumulated 15 driving infractions in the previous two-and-a-half years, including stunt driving and careless driving. He was uninsured, unlicensed, and driving an unregistered Infiniti G35 sports car at 134 km/h in a 70 km/h zone while trying to outrun police. Two days earlier, he had driven through a stop sign, collided with a sidewalk planter, and fled police at 130 km/h.
A blood sample taken about 45 minutes after the crash showed he had 40 ng/mL of THC, eight times the legal limit, as well as 21 ng/mL of Flubromazolam, an illegal street drug sedative similar to Ativan.
Appeal court decision
Robertson pleaded guilty to four counts of dangerous driving causing death and was convicted of four additional counts of impaired driving causing death. On appeal, his lawyer argued that the legal THC limit of 5 ng/mL is arbitrary and overbroad, but the appeal court disagreed, finding the limit to be a reasonable and legitimate enactment by Parliament after extensive study. Chief Justice Michael Tulloch wrote that the law targets the inherently risky activity of driving after consuming cannabis, much like the blood alcohol regime.
Robertson's lawyers also argued that the 17-year sentence was excessive, asking for seven years, while the Crown had sought 23 years. The appeal court upheld the sentence, noting the devastating harm caused: Karolina Ciasullo and her three young daughters were killed, leaving her husband Michael without his entire immediate family. The court highlighted Robertson's pattern of dangerous conduct, extreme driving, and 15 driving convictions over a short period, showing persistent disregard for the law and public safety.
The dangerous driver remains in prison for now, with no word yet on whether his legal team will seek leave to appeal to the Supreme Court.
