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.
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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.
Source: Can a driver killing a pedestrian ever be put down to a ‘momentary lapse’ in concentration? | Toronto Star