Law360 Canada ( March 17, 2025, 9:26 AM EDT) -- Appeal by Crown from decision acquitting Kelly of charges of causing death while driving with excess blood-drug concentration (BDC) and dangerous driving causing death. Kelly was driving aggressively and speeding around 100-120 km/hr in an 80 km/hr zone. He crashed into a horse and buggy driven by Martin and carrying his wife, killing them both. The blood tests showed that Kelly had over three times the legal limit of Tetrahydrocannabinol (THC) in his system from smoking cannabis earlier that day. Kelly was acquitted at trial of causing death while driving with excess blood drug concentration and dangerous driving causing death. On appeal, the Crown submitted that the trial judge erred in the following: in interpreting the causation element of the causing death while driving with excess blood drug concentration offense under s. 320.14(3) of the Criminal Code (Code); in applying the proper test for dangerous driving causing death under s. 320.13(3) of the Code; and, in his causation analysis when analyzing whether Kelly’s driving was a significant contributing cause of death under s. 320.13(3) of the Code....