The Supreme Court of Canada has overturned an acquittal in a tragic Vancouver dangerous driving case and ordered a new trial. In Episode 475 of Driving Law, Kyla Lee and Paul Doroshenko examine the divided decision and what it means for the legal distinction between a momentary lapse of attention and criminally dangerous driving.
The case involves a driver who ran a red light and struck a father pushing his 18-month-old daughter in a stroller. The child was killed and her father was seriously injured. Although the driver was acquitted at trial and the BC Court of Appeal upheld that decision, the Supreme Court’s majority concluded that the trial judge had made a material legal error in assessing the mental element of dangerous driving.
Kyla and Paul discuss why the dissenting judges disagreed, particularly their concerns about overturning acquittals and allowing the Crown to revisit factual findings. They also examine why the case was sent back for a new trial rather than resulting in a conviction.
This week’s Ridiculous Driver of the Week features a lawyer who represented herself in a speeding ticket dispute, pursued an unsuccessful appeal and sought an anonymity order to keep her name out of the public court record.
