Charges have been laid following the tragic Humboldt Broncos bus crash in Saskatchewan that claimed the lives of 16 people and left 13 others injured. The driver of a semi-truck involved in the collision, Jaskirat Sidhu, has been charged with 16 counts of dangerous operation of a motor vehicle causing death and 13 of dangerous operation causing bodily harm.
Some members of the public, perhaps due to the strong emotions felt by many Canadians after the crash, have expressed surprise that the police investigation into the crash took three months, questioning why it took so long. There is no limitation period on a case like this and Crown will want to make sure it has all the evidence it needs before moving on to a trial.
The exact circumstances of the crash will not become clear until the trial begins, but according to media reports, the semi-truck driver may have failed to yield at a stop sign and as he was turning at an intersection, the bus collided with his vehicle. We do not know what evidence the police approached the Crown counsel with in order to pursue dangerous driving charges but they must be confident with what they have because proving someone is guilty of this offence can be difficult.
The offence of dangerous operation of a motor vehicle
Dangerous operation of a motor vehicle is covered by the same law wherever you are in Canada. Under Section 249 (1) (a) of the Criminal Code, you commit the offence if you operate a motor vehicle:
“In a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place.”
Punishment can be up to five years in prison, although, the penalties become more severe if the dangerous driving resulted in someone being injured or killed. Anyone guilty of dangerous operation causing bodily harm is liable to a maximum of 10 years imprisonment while anyone convicted of dangerous operation causing death faces up to 14 years’ of jail time.
“The scale of the Humboldt Broncos crash shocked and saddened Canadians when it happened back in April.”
The Crown’s task to prove dangerous driving
In order to substantiate criminal charges, the Crown will have to prove Mr Sidhu’s actions were more than a mistake. Dangerous operation of a motor vehicle goes beyond carelessness or recklessness. It is entirely possible the Court may interpret his actions as a misjudgment, albeit one with incredibly severe consequences, and it does not rise to the level of a criminal offence. There are cases where drivers facing dangerous driving charges have been acquitted in the grounds that their conduct did not sufficiently meet the standards of a criminal offence.
A driver was recently in court charged with dangerous driving causing death after he collided with another car at an intersection in Vancouver while travelling at 119km/hr. The driver was acquitted after the Court determined that since there was no evidence of the typical speed of drivers on that stretch of road, this was enough to raise a reasonable doubt that the defendant’s actions amounted to a “marked departure from the standard of a reasonably prudent driver”. The “momentariness” of his conduct also counted in his favour.
The case that established the principle of there having to be a marked departure from driving norms in order for a dangerous driving conviction to be upheld was R. v. Hundal in which a truck driver who killed a motorist at an intersection in Downtown Vancouver was found guilty of dangerous driving. The Court also established that mens rea could be objectively assessed in dangerous driving cases. In other words, when evaluating whether the driver knew their actions were dangerous, they could consider whether a reasonable person in similar circumstances would have been aware their conduct was dangerous or amounted to a marked departure from the standard of care of a reasonable person. What this means is whether a driver intended to drive dangerously is not a defence. Instead, the courts assess whether there was negligence on the part of the accused, or to put it another way, whether the driver had taken sufficient steps to ensure he or she would not be in a situation where dangerous driving would occur.
So in the Humboldt Broncos bus crash trial, it will be up to the prosecution to prove Mr Sidhu’s actions were out of the ordinary for drivers on that section of road and also that he knew to some degree that what he was doing was dangerous.
According to media reports, there was a witness to the Humboldt Broncos crash who phoned 911 immediately afterwards. We can only speculate at this early stage, but this witness’ evidence could be vital to the Crown’s efforts to prove Mr Sidhu’s culpability.
Will the terrible consequences of the crash be taken into account?
The scale of the Humboldt Broncos crash shocked and saddened Canadians when it happened back in April. With those strong emotions, there is a tendency for people to ask how such a level of destruction and harm can be caused without it being the result of dangerous driving. Courts take into account the results of dangerous driving when deciding on punishment but they first have to consider whether the actual driving that caused these consequences amounted to dangerous operation.
If someone is being unsafe behind the wheel for an extended period of time and lots of people have seen them and they cause an accident and somebody dies, they will be liable for a greater punishment than someone who does something that is fundamentally dangerous, when they should have realized it was dangerous but their conduct was completely out of character, and nobody is hurt.
What to do if you have been charged with dangerous driving
The burden is on the Crown to prove that someone is guilty of the criminal offence of dangerous operation of a motor vehicle. It is often a difficult charge to stand up in court but this does not mean you should not worry if you face a conviction. The consequences can be severe, including jail time.
We highly recommend you seek professional help to defend you in court. At Acumen Law, our lawyers have years of experience defending dangerous driving charges. If you have been charged after a serious collision that resulted in an injury or death, you want a team of lawyers who have studied the legislation, who understand how police officers and collision investigators do their work, and who have a track record of success in driving law. We are that team of lawyers.
Call us today for a free consultation on 604-685-8889.