Welcome to BC, where blowing through a light that's been red for 20 seconds, severely injuring a father, and killing his infant daughter, gets you found "not guilty of driving causing death and dangerous driving causing bodily harm."
Welcome to BC, where blowing through a light that's been red for 20 seconds, severely injuring a father, and killing his infant daughter, gets you found "not guilty of driving causing death and dangerous driving causing bodily harm."
They used the defence: "Your Honour, I was not paying attention, so I am not repsonsible for this." It works surprisingly well. We all know that when we drive, we too are just a momentary lapse of attention away from causing unspeakable tragedy. But we gotta drive eh? So we give it a pass.
The courts and regulatory authorities in general will jump through hoops of questionable legal logic in order to preserve the sanctity of the individual operating a motor vehicle...
Ultimately, the goal is to continue making the acquiring and operating of private vehicles as easy and carefree as possible. The last thing they want is for consumers to feel any trepidation about continuing their role in the auto/energy industrial complex.
With a split decision, the Crown may appeal to the SCC. Hopefully they will.
Unfortunately, the easiest way to kill anyone in North America is via car
The message to all drivers everywhere is that you can drive so irresponsibly as to cause death and it won’t be considered “a marked departure from the standard of care expected of a reasonable person in all of the surrounding circumstances,” Am I understanding this correctly??!
Shameful
Criminal law has never been able enforce traffic safety, because it relies on intent, not consequences.
Welcome to BC where the government run insurance company spends 1hr interviewing a driver, then 9hr interviewing the cyclist she hit. Then they decide their claims process is "too expensive" so they just make it illegal to sue them. I moved Wales b/c of ICBC.
Indeed. “No fault” is essentially the government washing their hands of the societal cost of the unsafe roads and driving. Just like Worksafe BC, it’s sacrificing legal jurisdiction to a self-interested organization. It’s an outrage.
Rather than make roads safer or drivers better, we'll just reduce our legal costs... If private biz, say home insurance companies, in BC complained they were unable to make a profit would the gov introduce no-fault for them? No, this was a special measure to protect the cash cow.
Terrible decision, but ultimately we desperately need to lower speeds and improve road design across the entire system so that someone making a (yes, terrible) mistake doesn't end up with somebody dying. Throwing this driver in jail won't really fix anything fundamental, fixing the roads will.
Yup... We can't put in concrete barriers etc because it might hurt a driver. At the same time if a driver disobeys traffic laws and murders a child it is "well, better luck next time I guess."
Taking away their license to drive for life WOULD change something.
Jailing drivers for killing ppl will resonate with other drivers & will improve behaviours NOT jailing dangerous drivers sends a message that there’s NO consequences, so driving behaviour deteriorates In Ireland enforcement is very poor, so 5 or 6 vehicles accelerate through red lights all the time
Morally speaking, to my eyes, he is guilty of murder, or manslaughter at lesst. Throwing him in jail would prevent him from killing again, and perhaps convince other would-be murderers to not behave so recklessly. I'm all for locking him away (as I would be for murderers generally).
Why are you using the passive language for the driver. He actively drove dangerously and killed someone. You choose to speed you have entered the realm where people will die because of your actions. The driver is an adult and knows this and does not care.
Yeah. He's a criminal and the law is an ass.
The position that the killer shouldn't be punished is widespread, but the response should be immediately stopping car traffic on unsafe roads, not hoping that one day they'll be made safe. It's incoherent for the same government to keep operating that road as is, yet also tolerate eg running reds.
He could have been found guilty but not sent to jail. This decision does not send the right message to law-makers that changes are required to protect the public.
Yes, that is why I called it a terrible decision
Disagree. If you push someone in front of a speeding train it's criminal. Running a red light in a speeding two tonne machine causing death is criminal negligence at a minimum.
Fuck that shit
This is so stupid. I assumed there were details you left out but nope! The judges think running a red like this does not constitute criminal liability for dangerous or unreasonable driving. They need to go back to law school. (And driving school)
If you cross a hold short line in a small aircraft you get told to return to the apron and call an investigations number and you can't fly until it's been dealt with. I genuinely wish drivers were held to the same standard.
Right? I hate it so much because it just sends the wrong message.
We treat car crashes like industrial workplace accidents. "Oopsie! Oh, how did that happen? Oh, OK then. I'll write a report." Nothing ever changes.
Worse: we treat car crashes ***where the driver was wilfully and demonstrably breaking safety laws*** as if they were industrial workplace "accidents."
In 2018 I was hit by a truck and badly injured (I'm ok now). It's uncertain whether they ran a red light, and no investigation was done. Police told the driver "be careful" and sent him home to the US. Your posts make me feel less alone and less crazy for feeling I was denied some form of justice.
I say uncertain because the driver claims the light was green, witnesses (interviewed by a good Samaritan who sent me video later - not by the police!) claim the light was red, and I have no memory of the event due to brain injury. So, I guess, who's to say! Still, I am grateful to be healthy now.
Pedestrians (esp with kids in tow) very rarely walk out in front of oncoming traffic if the lights are green for cars. Drivers regularly drive through red lights. Drivers ALWAYS claim it was green. I know who I would believe.
20 seconds is not “momentary.” This is injustice so I really hope there’s an appeal that reverses this.
It's vehicular homicide. Take the killer out of the car and in any other circumstance - ANY - it's criminal. #CarCulture.
Horrifying and disgraceful. I’m heartbroken for the family who lost their daughter. It’s unconscionable that we could create a society where this doesn’t happen and our leaders choose not to.
Can't imagine what losing my son like this would do to me. I would certainly be unable to function for a very long time.