In the recent and horribly tragic case of R v Kummer, 2011 ONCA 39, 2011 CarswellOnt 282, [2011] OJ No 234 the Ontario Court of Appeal upheld a sentence of eight years imposed on the accused who pleaded guilty to several offences including impaired causing death relating to a collision which killed three people including two 12 year old boys.

In upholding the sentence, the Court of Appeal offered some notable insight into sentences in impaired driving cases where death is caused:

As the dangers of impaired driving have been increasingly evident and as this problem has continued to demonstrate its intractability, the sentences imposed where impaired driving results in death have increased [emphasis added] [para 15].

While it would be difficult to believe any person in Canada could be ignorant of the dangers of drinking and driving, the appellant had particular reason to be aware of the risk he posed in doing so. His decision to disregard that risk is an important factor that can and should be considered in determining an appropriate sentence [para 26].

DG Mack