R. v. Taylor Date:, 2016 BCPC 21

Citation: R. v. Taylor Date: 20160119 2016 BCPC 0021 File No: 61584-1 Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. PAULINA DOROTHY BELLE TAYLOR ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE J. CHALLENGER Counsel for the Crown: A. Loyst Counsel for the Defendant: A. Jaswal Place of Hearing: North Vancouver , B.C. Dates of Hearing: November 3, 4, and December 10, 2015 Date of Judgment: January 19, 2016

[ 1 ] THE COURT: Paulina Taylor pled guilty, November 3, 2015, to one count of dangerous driving arising on October 25, 2014, in Squamish, British Columbia. [ 2 ] The driving in question occurred in the evening of October 25th, between Alice Lake and the Town of Squamish itself, being the northern part of Squamish coming from Whistler. [ 3 ] A civilian called 9-1-1 to report Ms. Taylor's erratic driving. There is a transcript of this person's telephone call to 9-1-1.

He was extremely calm and reasonable during the course of his communications with the 9-1-1 operator, considering what he was observing. [ 4 ] Initially, he and Ms. Taylor passed each other on the highway. When she passed him, she nearly collided with his vehicle. She then crossed over three lanes of travel and hit the barrier two to three times. The caller was warning oncoming traffic by flashing his high beams. [ 5 ] Ms. Taylor was travelling all over both sides of the highway; driving directly into the oncoming lanes and drifting back and forth across the southbound lanes of travel.

She continued to hit the barrier on the southbound side of the road. She was also speeding. [ 6 ] There are passages where the reporter of this is saying, "She's going around a hundred, she just missed an oncoming car, she's still in the oncoming lane," et cetera. [ 7 ] Eventually she was stopped, with her vehicle situated on the wrong side of the road at a light in Squamish.

There is a cement median between the southbound and northbound lanes and she was facing southbound in the northbound lane. [ 8 ] The driving occurred over a total distance of 15 kilometres. [ 9 ] When the civilian got out and tried to stop her from driving away, she was screaming and trying to hit him. She was incoherent and was angry and physically aggressive with other males who intervened in the situation.

She was described as disconnected to what was happening. [ 10 ] The passenger in her vehicle was not dressed completely, he was only wearing his underwear and was unconscious and had to be dealt with by emergency health services. [ 11 ] Ms. Taylor left her car in gear and it was still moving while she was being dealt with by the civilians at the light in Squamish. [ 12 ] She gave breathalyzer samples at the detachment with readings of .047 and .020. She also took the street drug GHB, more colloquially referred to as the date rape drug. [ 13 ] Ms.

Taylor has a driving history which also makes this an extremely aggravated offence. In January of 2006, she was given a 24-hour prohibition relating to alcohol. On June 14, 2014, she received a 90-day roadside prohibition respecting alcohol. On October 25, 2014, she received a 24-hour prohibition which relates to this offence. [ 14 ] But most egregiously, on November 22, 2015, after she entered the plea in this matter, and while awaiting sentence, she received another 24-hour prohibition relating to the consumption of drugs. [ 15 ] Ms. Taylor is 30 years of age. She has no criminal history.

She has faced a life full of adversity and challenges and tragedies. She has mental health and addiction issues, which are prevalent on both sides of her family. A book of letters was filed which shows that, despite her difficulties, Ms. Taylor is a kind and generous person and a good friend, who has tried very diligently to overcome the various challenges in her life. [ 16 ] She is also remorseful and accepts responsibility. She is attempting to pursue and achieve complete rehabilitation, in terms of her substance abuse issues. [ 17 ] Crown counsel asks for a fine and a two-year prohibition under s. 259.

Defence counsel does not take issue with a prohibition, but asks the court to consider a conditional discharge. [ 18 ] I recently dealt with a similar driving pattern with an offender with a similar background to Ms. Taylor. He was a person of otherwise good behaviour, but with a prior history for driving without due care and attention. The case I am referring to is R. v. Sharp , North Vancouver Registry 62322-1, December 9, 2015. It is not currently reported, but should be reported shortly. [ 19 ] I found that Mr. Sharp, who drove in a similar manner to Ms. Taylor, should not receive a conditional discharge.

In that matter, counsel provided two cases, being R. v. Beaton , 2009 ONCJ 316 , and R. v. Lesuk , 2000 MBCA 24 . In both those cases, a discharge was granted. [ 20 ] In Beaton , Mr. Beaton experienced a momentary loss or lack of attention as a result of the death of his father. The court found that he should not have allowed himself to continue driving in the emotional condition he was in. [ 21 ] R. v. Lesuk involved a charge of dangerous driving by an off-duty peace officer. An absolute discharge was granted on that count.

However, he was convicted and received a fine and a prohibition for refusal to comply with a breathalyzer. That case reflects an unusual result with respect to imposing a conviction on one count and a discharge on the other. The Beaton case is an example of circumstances where a momentary lack of attention causing or creating a danger in driving resulted appropriately, in my view, in a conditional discharge. [ 22 ] Those are not the circumstances before the court here. The Sea to Sky Highway in the corridor between Pemberton and West

Vancouver is an extremely dangerous stretch of road. Tragedies occur on that road consistently as a result of people, including sober people, not driving as cautiously and carefully as they should. [ 23 ] All of the members of the communities up and down the Sea to Sky corridor have a distinct interest in ensuring that the courts send a strong message to those who use that highway that they must drive extremely carefully, prudently and cautiously at all times in all seasons. [ 24 ] As I mentioned earlier, I find Ms. Taylor's driving to be extremely aggravated in the circumstances.

It resulted from her voluntary consumption of alcohol and a street drug, while camping at Alice Lake, and then choosing to drive. [ 25 ] The law recognizes that in offences of this nature, which are most often committed by persons of otherwise good character, the risk of a criminal conviction and a lengthy prohibition has a significant and real deterrent effect.

This is unlike many sentences which are imposed for different offences on people who are challenged, either by substance abuse issues, mental health issues, poverty, or otherwise. [ 26 ] The sentences for impaired driving, dangerous driving, and like offences should signal to the community that regardless of your otherwise good character, this kind of intentional risk taking which can and does cause grave tragedy over and over again, must be met with a significant deterrent penalty. [ 27 ] I find in all the circumstances it is not in the public interest to grant a conditional discharge in this matter.

I will impose a fine with respect to Ms. Taylor in the amount of $1,000. I am going to prohibit her from driving under s. 259 for a period of two years. [ 28 ] There will be a victim fine surcharge which will attach to that fine. [ 29 ] Counsel, time to pay? [ 30 ] MR. JASWAL: Your Honour, just out of a -- maybe out of an -- [ 31 ] THE COURT: Do you want a full year? [ 32 ] MR. JASWAL: -- abundance of caution, a year, given her circumstances. [ 33 ] THE COURT: Yes, I will give her until March 1, 2017, time to pay the fine and victim fine surcharge. (REASONS CONCLUDED)