In an appeal filed last month, Brady Robertson’s lawyer claims the judge erred in upholding the constitutionality of Canada’s law that sets a legal limit for THC blood concentration while driving.
The notice states that Robertson is seeking to have the section of the law related to THC blood concentrations invalidated and his impaired driving convictions vacated.
Robertson, 22, was sentenced in May to 17 years in prison, minus nearly three years of credit for time already served. He is also banned from driving for 20 years after his release.
Robertson had pleaded guilty to four counts of dangerous driving causing death in connection with the June 18, 2020 crash that killed Carolina Ciasulo and her daughters Clara, Liliana and Mila, who were aged between six and one.
But he pleaded not guilty to four counts of the operation while suffering from the drugs causing death, and his lawyers challenged the constitutionality of the drug-impaired driving law.
During the trial, Ontario Court Justice Sandra Caponecchia found that Robertson had a blood THC concentration of 40 nanograms of THC per milliliter of blood about 45 minutes after the crash, which is eight times the legal limit.
The constitutional challenge was dismissed earlier this year, leading to a guilty verdict on the reduced driving charges. Robertson was also found guilty of dangerous driving in another accident which took place on 16 June 2020.
Robertson is also seeking leave to appeal his sentence, arguing in the release that the one imposed is “inappropriate and unduly harsh.” The brief also argues that Caponecchia erred by ignoring the principle of precedent at sentencing.
The document further argues that the judge erred in finding the limitation principle, which states that the least severe but reasonable sentence should be imposed, did not “play a role in the sentencing of a young and Indigenous person”.
He argues that the sentence should be reduced to one that is “appropriate”.
Robertson’s attorney did not immediately respond to a request for comment.
