Impaired operation causing death

R. v. Lafleur

Sentence and the Crown's position

Crown asked1 year and 6 months in custody1
Judge imposed545 days' custody less 224 days' credit, then a three-year driving prohibition1

What the law allows

MaximumLife imprisonment
Crown asked1 year and 6 months in custody
Judge imposed1 year and 6 months in custody
Defence asked1 year and 6 months in custody
For impaired operation causing death (CC 320.14(3)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Kody Charles Lafleur pleaded guilty to impaired operation of a conveyance causing death after his vehicle crossed the centre line on Highway 97 and collided head-on with a pickup truck, killing his passenger. Crown and defence made a joint submission, and Justice Hardwick imposed 545 days in custody, less 224 days' credit for pre-sentence custody, followed by a three-year driving prohibition. The judge cited the guilty plea, which avoided a lengthy trial, and his rehabilitation efforts while on release.

In the judge's words

In my view, the joint submission achieves the goal of denunciation and deterrence, along with the need to consider the objective of the protection of the public and reflects the gravity of the offence and the principle of rehabilitation, while also taking into account the mitigating factors and other circumstances which I have highlighted here and falls within the range of case authorities reviewed, thus satisfying the objectives of parity and proportionality.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
1 year and 6 months in custody1
Appeal
Not yet checked
Counsel
Crown: J.M. O'Quinn
Defence: J.D. Watt

Sources

  1. R. v. Lafleur, 2026 BCSC 543 Court decision, CanLII, February 20, 2026[40] THE COURT: In accordance with the joint submission, in respect of Count 1 of the Indictment, I sentence you to 545 days in custody.[40] THE COURT: In accordance with the joint submission, in respect of Count 1 of the Indictment, I sentence you to 545 days in custody.[1] THE COURT: This morning, February 20, 2026, Kody Charles Lafleur pled guilty to Count 1 on the Indictment dated February 18, 2025 (the "Indictment").[24] Finally, Mr. Lafleur has no criminal record or driving record that is being asserted by the Crown for the purposes of sentencing.[35] In my view, the joint submission achieves the goal of denunciation and deterrence, along with the need to consider the objective of the protection of the public and reflects the gravity of the offence and the principle of rehabilitation, while also taking into account the mitigating factors and other circumstances which I have highlighted here and falls within the range of case authorities reviewed, thus satisfying the objectives of parity and proportionality.[40] THE COURT: In accordance with the joint submission, in respect of Count 1 of the Indictment, I sentence you to 545 days in custody. Having regard to the 149 real days you have spent in custody in pretrial detention, for which you are entitled to the presumptive one to one-and-a-half-day ratio, you receive credit for 224 days.
  2. R. v. Lafleur, 2026 BCSC 543 Court decision, Courts of British Columbia

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