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It goes on to say, this part is in direct quotes:
The Criminal Code covers this under Sec. 252, Failure to stop at scene of accident, and for brevity I will paraphrase.
The Batchewana band is making the right move in seeking a determination as to whether charges such as criminal negligence causing death or failure to stop at the scene of an accident were contemplated by police and if not, why not.
As far as I am concerned, the Highway Traffic Act charge of not reporting an accident should be replaced with the Criminal Code offence of Failure to stop at scene of accident.
Was anyone at the accident scene when the westbound motorist discovered Roach body?
What part of the Failure to stop at scene of accident section of the Criminal Code does the OPP not understand?
Roach probe leave many questions
And not stopping means not just stopping, but remaining.
is a history of legal disparity in this city when the victim is of First Nations descent. We are calling Louis Vuitton Tennis Shoes For Men
Sec. 252. (1) says, Every person commits an offence who has the care, charge or control of Lv Loafers Shoes
I couldn agree more with the Batchewana band request. Oct. 13.
The First Nation said it is working to determine if any other charges, such as criminal negligence causing death or failure to stop at the scene of an accident, were contemplated by police.
But I agree with Sayers assertion that the charges are nominal.
My concern in this matter isn about any legal disparity in regard to victims of First Nations descent, as was voiced by Sayers. My concern would be the same no matter the race of the victim.
That was my reaction on Wednesday morning as I read in the online edition of The Sault Star the story that Batchewana First Nation, calling charges laid in relation to Jessie Roach's death inadequate, was asking the Crown Attorney's office to review the Ontario Provincial Police investigation.
It just didn seem fitting in an accident in which a person was killed outright or possibly left to die.
a vehicle that is involved in an accident with another person and with intent to escape civil or criminal liability fails to stop the vehicle, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.
Roach had been struck by a vehicle.
Terry Mosher, 73, of St. Joseph Island, was charged by OPP on Monday with the criminal offence of obstructing a peace officer and a Highway Traffic Act charge of failing to report an accident.
And when the charges were announced, I found Palladium Boots Sale London the one regarding failure to report hard to believe.
I have no idea what the obstruction charge, which is a Criminal Code of Canada offence, is all about but I believe the charge of failing to report an accident, which is a Highway Traffic Act charge and will be heard in provincial offences court, is ridiculous.
Even the Highway Traffic Act requires that where an accident occurs on a highway, every person in charge of a vehicle that is directly or indirectly involved in the accident shall remain at or immediately return to the scene of the accident and render all possible assistance.
Penalties include a fine of between $400 and $2,000, seven demerit points, a maximum of six months in jail, and a suspended licence for up to two years.
Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if (a) the person knows that another person involved in the accident is dead; or (b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results. goes on to Lacoste Tennis Shoes Mens
If the answer is no, as it obviously is, then doesn that mean that whoever was driving the vehicle involved left the scene?
Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.
Actually, I began to wonder what was happening in the case when it took the OPP so long to announce charges, even though within a week of the accident they had identified the person involved and the vehicle, which was described as an "older model" minivan.
From this, surely a charge of failing to stop under Sec. 252 is more appropriate in this case than a charge of failing to report under the Highway Traffic Act.
lack of charges are very disconcerting. We are trying to seek clarification to justify these nominal charges. I contacted the OPP this morning and was told that the investigators have done their due diligence, Sayers said.
on the Crown Attorney for a complete review and revisit of the investigation to rectify this alarming situation, said Batchewana Chief Dean Sayers in a news release.
say that evidence that an accused failed to stop his vehicle and offer assistance where any person has been injured or appears to require assistance is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.
Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
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