An Ontario court has rejected an appeal from Brady Robertson, the driver responsible for a tragic 2020 accident that took the lives of a mother and her three children.
An Ontario court has dismissed appeals made by the man found guilty in the fatal Brampton, Ont., crash that resulted in the deaths of Karolina Ciasullo and her three young daughters in June 2020.
Brady Robertson filed these appeals back in 2022, contesting his conviction for impaired driving and his 17-year prison sentence.
His legal team argued that the trial judge made a mistake by affirming the constitutionality of the law regarding legal THC blood concentration limits while driving. They claimed that this limit is “arbitrary and overbroad, capturing individuals who may not, in fact, be impaired.”
He also contested his sentence, saying it is “demonstrably unfit and excessive.”
“In my view, the appeal from conviction should be dismissed,” Chief Justice Michael Tulloch stated in the ruling released this week.
“The 5 ng/m L 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 determined that the sentence was not excessive either, pointing out the “exceptional combination of aggravating factors” present in this case.
On June 18, 2020, Karolina Ciasullo, aged 36, was driving with her three daughters-six-year-old Klara, three-year-old Lilianna, and one-year-old Mila-near Torbram Road and Countryside Drive when they were hit by Robertson. Tragically, all four lost their lives due to this incident.
Tulloch highlighted that just two days prior to this incident, Robertson drove recklessly; he appeared to pass out behind the wheel while rolling through a stop sign with his head thrown back before crashing into barriers on a busy sidewalk.
“Instead of taking responsibility, he reversed and sped away. When a police cruiser tried to pull him over, he initiated a high-speed chase,” noted the judge while explaining that they had to call off the pursuit due to public safety concerns.
On the day of this horrific 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 and ran through a red light while using the wrong lane. Although his impairment was not proven beyond doubt, evidence showed he consumed marijuana several hours before driving and had eight times the legal limit of THC in his blood,” wrote the judge.
“Another drug called flubromazolan was also found in his system along with cannabis products and pills-including fentanyl-within arm’s reach of where he sat behind the wheel. He was neither licensed nor insured nor operating a registered vehicle.”
Tulloch mentioned that during sentencing considerations for Robertson’s case included mitigating factors such as his youthfulness without any prior criminal record and an upbringing filled with “neglect, trauma, abuse, and poverty.”
Ciasullo Source: Facebook
Ciasullo family Karolina Ciasullo is pictured alongside her daughters – Klara (6), Lilianna (4), Mila (1). All four perished on June 18th after their vehicle collided with another car in Brampton.(Source / Facebook)
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‘Extremely reckless behavior’
“The 17-year sentence wasn’t based on any errors in principle and isn’t demonstrably unfit. The trial judge carefully evaluated all severely aggravating aspects of this case: four lives lost due to sheer disregard for public safety along with patterns showing dangerous driving during two separate police pursuits,” Tulloch explained. “While also considering mitigating circumstances related to appellant’s background reasonably led her to conclude those factors didn’t outweigh how serious these offenses were. The sentence is justified based on established sentencing principles.” Robertson’s attorneys suggested that their client’s sentence seemed “disproportionate” compared to Marco Muzzo’s case where he received ten years despite being involved in another incident resulting in four fatalities including three children. Tulloch responded by stating this comparison doesn’t prove demonstrable unfitness. “The devastation caused by what happened here is immense; Karolina Ciasullo along with her young daughters died leaving Michael Ciasullo without anyone left from his immediate family. The trauma he’s going through now is deep,” wrote Tulloch.Ciasullo family Karolina Ciasullo is pictured alongside her daughters – Klara (6), Lilianna (4), Mila (1). All four perished on June 18th after their vehicle collided with another car in Brampton.(Source / Facebook)
With files from The Canadian Press
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