HIGHWAY TRAFFIC ACT OR CRIMINAL CODE? – With an innocent death, the question becomes one of moral culpability and it’s often a very difficult question to answer. Was the conduct a “momentary lapse” or a “marked departure” from what a reasonable person would do? In our process, the police officer forms an opinion, the Crown Attorney forms an opinion and ultimately a Judge and/or Jury decides.
Kristy Hodgson, 31, and her dog Betty died in 2015 after Gideon Fekre, then 18, drove his Honda into them. Fekre is on trial, charged with dangerous operation of a motor vehicle causing death.