An Ontario court has dismissed appeals filed by the man convicted in the deadly Brampton, Ont., crash that killed Karolina Ciasullo and her three young daughters in June 2020.
Brady Robertson filed the appeals back in 2022, challenging his impaired driving conviction and 17-year sentence.
His lawyers argued that the trial judge erred in upholding the constitutionality of the law setting out a legal limit for THC blood concentration when driving. His lawyers argued that the limit is “arbitrary and overbroad, capturing individuals who may not, in fact, be impaired.”
He also appealed the sentence, suggesting that it is “demonstrably unfit and excessive.”
“In my view, the appeal from conviction should be dismissed,” Chief Justice Michael Tulloch wrote in the ruling released this week.
“The 5 ng/mL THC limit is constitutional. The principles of fundamental justice at issue here, arbitrariness and overbreadth, must be applied with restraint to avoid transforming judicial review into second-guessing legislative policy choices.”
The judge also ruled that the sentence was not excessive, noting the “exceptional combination of aggravating factors” in the case.
On June 18, 2020, 36-year-old Karolina Ciasullo and her three daughters, six-year-old Klara, three-year-old Lilianna, and one-year-old Mila, were driving near Torbram Road and Countryside Drive when they were struck by Robertson. The mother and her three children were all killed in the crash.
Tulloch noted that just two days earlier, Robertson drove dangerously, appearing to pass out while driving, rolling through a stop sign with his head swung back, before smashing into barriers on a busy sidewalk.
“Instead of taking responsibility, he reversed and sped away. When a police cruiser attempted to apprehend him, he initiated a high-speed chase,” the judge wrote, noting that the pursuit had to be called off out of a concern for public safety.
On the day of the catastrophic collision, Tulloch said, Robertson again “initiated a high-speed police chase to evade apprehension.”
“He drove at extreme speed through a residential area, ignored a stop sign, drove through a red light, and used the wrong lane. Although his impairment was not proved, the evidence established that he consumed marijuana several hours before driving and was behind the wheel with eight times the legal limit of THC in his blood,” the judge wrote.
“Another drug, flubromazolan, was also in his blood, and cannabis and pills, including a fentanyl pill, were within arm’s reach of his driver’s seat. He was neither licensed nor insured nor driving a registered vehicle.”
Tulloch noted that the trial judge did consider mitigating factors when determining the appropriate sentence for Robertson, including his youth, lack of prior criminal record, and difficult upbringing marked by “neglect, trauma, abuse, and poverty.”
‘Highly irresponsible and dangerous conduct’
“The 17-year sentence was not the product of error in principle and is not demonstrably unfit. The trial judge carefully weighed the exceptionally aggravating features of this case: the loss of four lives, the appellant’s profound disregard for public safety, and the pattern of dangerous driving reflected in two separate high-risk police pursuits,” Tulloch wrote.
“While the judge also considered the appellant’s mitigating circumstances, she reasonably concluded that these factors did not outweigh the gravity of the offences. The sentence was justified and consistent with the governing principles of sentencing.”
Robertson’s lawyers suggested that the sentence was “disproportionate” compared to the 10-year sentence imposed in the Marco Muzzo case, which also involved four fatalities, including three children.
Tulloch wrote that the comparison does not “establish demonstrable unfitness.”
“The harm caused by the appellant’s conduct was devastating. Karolina Ciasullo and her three young daughters were killed, leaving Michael Ciasullo without his entire immediate family. The trauma he continues to endure is profound,” Tulloch wrote.
“These catastrophic consequences flowed from highly irresponsible and dangerous conduct. The appellant drove at extreme speeds in an unregistered and uninsured vehicle, without a licence, while suspended, and after consuming intoxicants.”
The judge noted a driving record of 15 convictions of a short period of time, demonstrating a “persistent and escalating disregard for the law and for public safety.”
“Even more troubling, he continued this behaviour after what should have been a clear warning: a separate incident two days earlier in which he crashed into a sidewalk barrier while in a stupor,” Tulloch said.
With files from The Canadian Press
