R. v. Boutilier

R. v. Boutilier

The court accepted the guilty pleas, excluded and redacted portions of the IRCA report that diagnosed traumatic brain injury as beyond the author's expertise, applied Gladue/Ipeelee principles as mitigating context but gave primary weight to public protection and denunciation given the offender's extensive record,...

Source-derived case information.

Citation
2017 NSSC 308
Parties
Crown: Her Majesty the Queen; Accused: Cecil Boutilier
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
29 November 2017
Procedural Posture
Criminal Indictment (vehicular Homicide) / Sentencing (post Guilty Plea)
Outcome
Guilty pleas accepted; sentence imposed: 6.5 years (s.220(b)), plus 1 year consecutive (s.252(1)), 6 months concurrent (s.333.1); remand credit awarded at 1:1 for 769 days; ancillary orders made; remaining counts dismissed.
Legal Topics
Criminal Negligence Causing Death (s.220(b)), Failure to Stop/leave Scene (s.252(1)), Theft of Motor Vehicle (s.333.1), Remand/pre Trial Custody Credit (s.719), Gladue/ipeelee Principles (s.718.2(e)), Expert Evidence Admissibility and Qualification, Ancillary Orders (dna, Driving Disqualification S.259)
Source Language
english
Criminal Law Sentencing Evidence Indigenous/gladue Law Criminal Negligence Causing Death (s.220(b)) Failure to Stop/leave Scene (s.252(1)) Theft of Motor Vehicle (s.333.1) Remand/pre Trial Custody Credit (s.719) +3 more

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Parties

Her Majesty the Queen

Crown

Cecil Boutilier

Accused

Procedural Posture

Criminal Indictment (vehicular Homicide) / Sentencing (post Guilty Plea)

Legal Issues

  1. 1 What is a fit sentence for criminal negligence causing death arising from a high-speed chase in a stolen vehicle
  2. 2 Whether portions of the IRCA cultural assessment diagnosing traumatic brain injury are admissible and what weight to give that report
  3. 3 How Gladue/Ipeelee principles apply to a mixed Mi'kmaq and African Nova Scotian offender

Ratio Decidendi

The court accepted the guilty pleas, excluded and redacted portions of the IRCA report that diagnosed traumatic brain injury as beyond the author's expertise, applied Gladue/Ipeelee principles as mitigating context but gave primary weight to public protection and denunciation given the offender's extensive record, imposed 6.5 years on s.220(b), 1 year consecutive on s.252(1), 6 months concurrent on s.333.1, ordered DNA (primary designation) and life driving disqualification under s.259, denied enhanced remand credit and awarded 1:1 credit for 769 days, imposed a $600 total victim fine surcharge, and dismissed the remaining counts.

Court Disposition

Guilty pleas accepted; sentence imposed: 6.5 years (s.220(b)), plus 1 year consecutive (s.252(1)), 6 months concurrent (s.333.1); remand credit awarded at 1:1 for 769 days; ancillary orders made; remaining counts dismissed.

Orders

  • Count 1 (Criminal negligence causing death s.220(b)): 6.5 years imprisonment
  • Count 2 (Failing to stop s.252(1)): 1 year imprisonment consecutive to Count 1