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Criminal law — Sentencing — Criminal negligence
(00:00:39) Summary
(00:17:36) Reasons for Judgment: Martin J. (Wagner C.J. and Karakatsanis, Rowe and O’Bonsawin JJ. concurring)
(00:17:47) I. Overview – 1
(00:22:04) II. Background – 8
(00:22:06) A. The Relevant Legislation at Issue on This Appeal – 8
(00:31:04) B. The Underlying Offences and Proceedings – 17
(00:31:07) (1) Circumstances of the Offences – 17
(00:31:34) (2) Saskatchewan Court of Queen’s Bench (Danyliuk J.) – 19
(00:33:41) (3) Saskatchewan Court of Appeal, 2022 SKCA 132, [2023] 3 W.W.R. 574 (Kalmakoff J.A., Schwann and McCreary JJ.A. Concurring) – 22
(00:36:37) III. Issue on Appeal – 26
(00:36:56) IV. Parties’ Positions – 27
(00:36:58) A. Appellant (Mr. Wolfe) – 27
(00:37:52) B. Respondent (His Majesty The King) – 28
(00:39:19) V. Analysis – 31
(00:39:22) A. Governing Principles of Statutory Interpretation – 31
(00:40:28) B. Interpretation of Section 320.24(4) – 34
(00:40:34) (1) Text – 34
(00:41:16) (a) The Criminal Negligence Offences Are Not Enumerated in Section 320.24(4) – 35
(00:45:17) (b) The Distinction Between Findings of Guilt and Convictions – 41
(00:50:26) (c) Included Offences – 48
(00:57:48) (d) An Additional Signal in the Text of Section 320.24(4) – 57
(00:59:03) (e) Comparison of the English and French Changes to Section 320.24(4) – 58
(01:00:34) (f) Conclusion on the Text of Section 320.24(4) – 60
(01:01:47) (2) Statutory and Broader Criminal Law Context – 62
(01:02:02) (a) Other Provisions in Part VIII.1 of the Criminal Code – 63
(01:10:58) (b) Rule Against Multiple Convictions – 70
(01:14:44) (3) Legislative Purpose – 77
(01:23:39) (4) Conclusion on Interpretation of Section 320.24(4) – 88
(01:26:15) VI. Conclusion – 91
(01:26:45) Dissenting Reasons: Moreau J. (Côté, Kasirer and Jamal JJ. concurring)
(01:26:54) I. Overview – 93
(01:32:34) II. Background – 100
(01:34:29) III. Issue – 104
(01:34:56) IV. Analysis – 105
(01:34:58) A. The Modern Approach to Statutory Interpretation – 105
(01:36:49) B. A Finding of Guilt for the Principal Offence Necessarily Entails a Finding of Guilt for Lesser Included Offences – 108
(01:37:24) (1) A Finding of Guilt Is Distinct From a Conviction or Discharge in Section 320.24(4) – 109
(01:43:21) (2) A Finding of Guilt for a Principal Offence Necessarily Entails Findings of Guilt for Lesser Included Offences in the Criminal Code – 118
(01:44:54) (3) A Finding of Guilt for Criminal Negligence Under Sections 220 or 221, Where It Arises From the Operation of a Conveyance, Contains Findings of Guilt for the Lesser Included Offence of Dangerous Operation Under Section 320.13 – 121
(01:46:57) (4) The Availability of a Driving Prohibition Order as a Penalty for Criminal Negligence Is Consistent With Criminal Law Principles – 123
(01:52:25) C. Consequences of Competing Interpretations of Section 320.24(4) – 131
(01:54:30) (1) The Availability of a Driving Prohibition Order as a Punishment for Criminal Negligence Is Consistent With the Stated Purposes of Section 320.24(4) – 134
(01:59:03) (2) Criminal Negligence Is at Least as Serious an Offence as Dangerous Operation of a Conveyance – 140
(02:01:45) D. Conclusion – 143
(02:03:02) V. Disposition – 144
