This was a very tragic case resulting in the death of young woman
while walking with her dog on a street in Leslieville in Toronto. This
was a very difficult case for everyone involved. Not surprisingly, there
was considerable anger, controversy, and frustration over the
not-guilty verdict for our client.
As with all offences where someone is found not-guilty, some members of the public are left with disappointment and the belief that someone should be “held accountable” for their actions.
While understandable as a matter of human emotion in times of tragic loss, under the law in Canada a person is only held criminally responsible when their actions were intended to cause harm, or, in the case of dangerous driving, where their actions were a “marked departure” of the standard of care for a driver in the circumstances when the incident happened.
As with all criminal offences, the standard of proof and requirement of fault is much higher than one would find in other contexts.
As with all offences where someone is found not-guilty, some members of the public are left with disappointment and the belief that someone should be “held accountable” for their actions.
While understandable as a matter of human emotion in times of tragic loss, under the law in Canada a person is only held criminally responsible when their actions were intended to cause harm, or, in the case of dangerous driving, where their actions were a “marked departure” of the standard of care for a driver in the circumstances when the incident happened.
As with all criminal offences, the standard of proof and requirement of fault is much higher than one would find in other contexts.
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