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Old 07-10-2014, 07:04 AM
 
Location: Toronto, Ontario, Canada.
2,540 posts, read 3,058,301 times
Reputation: 6721

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BimBam :

No . Minimum sentences are not anything new, in the Criminal Code of Canada.

A brief explanation of the application of criminal law in Canada follows.

Each type of offence is either a summary conviction offence or an indictable offence. Summary conviction offences are the less serious ones, and they bring a maximum sentence of "two years less a day " in a Provincial jail. Indictable offences are more serious in nature, and upon conviction they have a minimum sentence of two years, or more, and the sentence will be served in a Federal prison.

Examples of summary conviction offences.........theft under 5000 dollars, car theft, simple assault, possession of stolen property, fraud under 5000 dollars, threatening, and the old "domestic assault ".

Indictable offences are "all the rest " up to and including manslaughter, infanticide, homicide with premeditation ( first degree ) and homicide second degree, and in this case Criminal Negligence Causing Death and Dangerous Driving Causing Death.

All of the indictable offences are heard by a Justice and jury of 12 citizens , but the charged person may elect to be tried by "justice alone " thinking that it is easier to sway one person, than twelve jury members. Remember that in Canada, to be selected to be a Justice, the person must be a experienced trial lawyer, and they are subject to peer review, on all cases that they hear and rule on. No Justice in Canada is elected, they are appointed by either the Provincial Government, or the Federal Government, , after being vetted by the law society in their home Province.

By the way, for our American friends, in Canada it is a criminal indictable offence, for a jury member to talk to ANYONE, about the jury's deliberations, or how they decided the verdict. So, in Canada. no jury member is legally able to do a TV interview, or write a book about a trial that they sat on, as a juror. Jury deliberations are secret, for ever, in Canada.

Jim B. Toronto.
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Old 07-10-2014, 07:20 AM
 
Location: Toronto, Ontario, Canada.
2,540 posts, read 3,058,301 times
Reputation: 6721
Displacedmisplaced"

The OP was poorly informed, about the Canadian Criminal Code and it's sentencing rules.

A much more appropriate title could have been " Canadian woman who stopped to help ducks... faces a prison sentence, upon conviction ".

As I have said here before.... even a multiple murderer in Canada, faces a maximum 25 year sentence, after which they MAY be able to apply for parole. That parole decision rests with the National Parole Board. In my personal experience, with a homicide that happened in Toronto in 1980, that I was a minor witness to..... The convicted man was sentenced to 25 years, and has served all of his time....... But has been denied parole at every hearing, held every two years. Now he has decided to simply live out his life, in a medium security Federal prison, near Kingston Ontario. He is unable to function in the real world.

To get an idea of how vile this guy was, the two Toronto Police homicide investigators, now retired , who arrested Ralph Power and constructed the case, are still willing to go to the Parole Board hearings, to testify against Ralph Power, the killer. He murdered a young woman , who he had stalked for weeks, by hitting her in the head with a hammer. Then he had sex with her dead body.

here is a link to a webpage about Ralph Power, by his victim's sister. The title says it all .. Power No Parole .

PowerNoParole.ca-About our Case-Sheryl Gardner, Ralph Power, Model, Murder, Toronto, Parole, Offenders, DNA

Jim B. Toronto.
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Old 07-10-2014, 11:36 AM
 
Location: BC, Arizona
1,170 posts, read 747,574 times
Reputation: 2377
The problem with the "leave lots of extra room" logic is on most highways someone will fill that space by changing into your lane (while treating you like you're driving too slowly for leaving space even if you're traveling at the same speed as the vehicle ahead of you).

This is one of the complaints I hear from friends who drive trucks - they leave a safe space only to have some idiot in a car tuck in front of them.
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Old 07-10-2014, 12:04 PM
 
Location: southern kansas
7,588 posts, read 5,102,618 times
Reputation: 16292
Quote:
Originally Posted by blisterpeanuts View Post
It seems to me that all this wrath and attention brought to bear on this motorist's stupid actions is missing the point. There are millions of near-accidents because of idiotic and illegal driving habits such as tailgating, failure to use turn signals, speeding, road rage middle finger salutes, etc., and I think we should be focusing more on these yahoos who actually make driving much more dangerous.

This woman is an edge case, an outlier that isn't representative. For sure, she was an idiot and should have her driver's license suspended and do some community service or something, but... 6-8 years of prison time? That won't bring back the dead, nor will it improve safety on the road because the morons out there won't learn anything from it other than "don't do what she did". Indeed it's a distraction from the real issues.

We need to improve driver's education, fund and empower the police to more strictly enforce the rules of the road such as using turn signals, keeping safe distance, maintaining a safe speed, etc. People who tailgate repeatedly should have their licenses taken away and this would prevent many accidents. Tough on them, if they don't like it.

We should inspect the roads regularly and improve striping and signage, and encourage use of electronic aids like collision avoidance systems, better shielding and crash survivability, and most of all, fight drunk driving, which alone causes about half of the fatalities.
Good point, and I would add cell phone usage to your list.
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Old 07-11-2014, 01:42 AM
 
33,136 posts, read 39,078,504 times
Reputation: 28484
Quote:
Originally Posted by tlvancouver View Post
The problem with the "leave lots of extra room" logic is on most highways someone will fill that space by changing into your lane (while treating you like you're driving too slowly for leaving space even if you're traveling at the same speed as the vehicle ahead of you).

This is one of the complaints I hear from friends who drive trucks - they leave a safe space only to have some idiot in a car tuck in front of them.
I agree, in fact i'd bet whoever was behind that camper would have hit the car as normal spacing of cars in normal driving conditions dont allow for the possibility of a stopped car in the high speed lane of a busy interstate type highway,Doesnt mean they are driving recklessly or tailgating it just means people dont leave one car length for every 10mph in normal driving conditions, From my observations a normal following distance at 70mph would be about 3 car lengths.
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Old 07-11-2014, 10:55 AM
 
Location: Birmingham
11,790 posts, read 12,635,810 times
Reputation: 10007
Quote:
Originally Posted by tlvancouver View Post
The problem with the "leave lots of extra room" logic is on most highways someone will fill that space by changing into your lane (while treating you like you're driving too slowly for leaving space even if you're traveling at the same speed as the vehicle ahead of you).

This is one of the complaints I hear from friends who drive trucks - they leave a safe space only to have some idiot in a car tuck in front of them.
Then, I drop back even more to accommodate them. Or that's my cue to get over to a slower travel lane.
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Old 07-11-2014, 02:17 PM
 
33,136 posts, read 39,078,504 times
Reputation: 28484
Quote:
Originally Posted by Tourian View Post
Then, I drop back even more to accommodate them. Or that's my cue to get over to a slower travel lane.
The same situation will happen in any lane,people just arent going to make it possible to let you leave a car length per 10mph of speed ,you'll be continually slowing down to maintain that distance as cars keep pulling into your safety space.
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Old 07-11-2014, 02:55 PM
 
3,427 posts, read 3,243,081 times
Reputation: 8055
Quote:
Originally Posted by jambo101 View Post
The same situation will happen in any lane,people just arent going to make it possible to let you leave a car length per 10mph of speed ,you'll be continually slowing down to maintain that distance as cars keep pulling into your safety space.
Yup that's pretty much what I do.
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Old 07-11-2014, 04:13 PM
 
Location: BC, Arizona
1,170 posts, read 747,574 times
Reputation: 2377
Those that continue to slow down are perpetually in less than what they call their "safety space" either way. If you're maintaining speed it gets cut in half by "budgers", usually reducing it by more than those of us that have a cautious albeit smaller space. If going slower than the flow of traffic to continue to create an artificially large gap is your "safety strategy" you're merely creating a new safety hazard of not maintaining the flow of traffic. Quite often the people cutting in are doing so because they don't perceive people keeping up with the flow.

At the end of the day this woman was stupid and stopped on a highway without using her warning devices. The reason she was charged is the "reasonable driver" plans for reasonable road risks not those who operate outside the normal acceptable behavior. This guy and his daughter were her victims. Had she not stopped none of this would have been set in motion.
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Old 07-11-2014, 10:19 PM
 
384 posts, read 268,013 times
Reputation: 325
Quote:
Originally Posted by canadian citizen View Post
Golf professional"

I will remind you that this occurred in Canada, not the USA. A different country, with a different Criminal Code, that will apply to this case. The duck lady has been convicted, of all the charges against her.

She will return in August, to be sentenced by the Justice that heard the case.

You are, of course, entitled to your opinion, but the Quebec courts will have the final say in this situation.

Jim B. Toronto
That's true. I looked at it from the perspective of US laws.
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