Friday, March 29, 2024
ADVT 
National

Criminal Charges Rare For Bartenders In Drunk Driving Cases, Legal Experts Say

Darpan News Desk The Canadian Press, 22 May, 2019 07:16 PM

    Legal experts say criminal charges like those laid against a former bar server in connection with a drunk-driving crash that killed two Ottawa-area teens are rare and difficult to prove.

     

    Ann Senack, 62, of Greater Madawaska Township, was charged in March with two counts each of criminal negligence causing death and criminal negligence causing bodily harm in a 2017 crash in Calabogie, Ont.


    Two young men, Brandon Hanniman and Alexander Paquette, were killed and two others were injured when police say their car veered off the road and plowed into a rock cut.


    Police later said the group had been drinking at a local establishment and alcohol contributed to the crash. The case is expected to return before the court today.


    While bartenders and bars may face lawsuits related to serving drunk drivers, legal experts say they are not aware of a case in Ontario where someone has been found criminally responsible.


    They say the threshold for criminal negligence is much higher than for civil negligence.


    "To extend criminal liability in these circumstances is very, very uncommon," said Michael Lacy, a Toronto lawyer and the president of the Criminal Lawyers' Association.


    "If someone were held criminally culpable in these circumstances, I'd say that would be a precedent-setting decision," said Lacy, who is not involved in the case.


    Toronto defence lawyer Daniel Brown said that to obtain a conviction for criminal negligence, the Crown would have to prove beyond a reasonable doubt that there was a "marked and substantial" departure from the standard of care owed by a server.


    Prosecutors would have to show a bartender knew the person they were serving was clearly underage, and knew the person was driving home and was impaired to such degree that it would be a danger to them and to others, he said. The Crown would also have to show a direct link between the alcohol served to the person and the injuries caused, he said.


    "There's a lot of things that must be proven in a case like this for a Crown attorney to be successful," he said.


    In comparison, a civil negligence case must prove it's more likely than not that there was a departure from the standard of care, which is a much lower bar, Brown said.


    "Those two things — one being the higher standard for criminal negligence, and the higher burden of proof in a criminal case — means that the viability of this type of prosecution is often minimal, which is why most of these cases are dealt with in the civil courts," said Brown, who is also not involved in the case.


    Some in the community have voiced concerns about the charges and rallied behind Senack, suggesting she is being unfairly blamed for a tragic incident.


    An online fundraiser meant to help cover her legal fees has drawn more than $50,000 from more than 400 donors in about a month.


    "We support you Ann. You are not responsible for what happened to those boys," some wrote on the fundraiser site.


    "We have never met... We feel you have been unjustly charged," others wrote.


    The charge of criminal negligence causing death can carry a life sentence, while criminal negligence causing bodily harm can carry a sentence of up to 10 years behind bars. No trial date has yet been set.

    MORE National ARTICLES

    Woman Injured After Being Pushed Off Cliff Into Thetis Lake Near Victoria

    VIEW ROYAL, B.C. — A woman is recovering from injuries after being pushed off a cliff and into a lake in a regional park near the Victoria suburb of View Royal.

    Woman Injured After Being Pushed Off Cliff Into Thetis Lake Near Victoria

    B.C. Toddler Airlifted After Tumble From Third-Floor Balcony In Kelowna

    B.C. Toddler Airlifted After Tumble From Third-Floor Balcony In Kelowna
     A toddler had to be airlifted to hospital in Vancouver after tumbling from a third-floor balcony in Kelowna, B.C.

    B.C. Toddler Airlifted After Tumble From Third-Floor Balcony In Kelowna

    Surrey Man Harmit Johal Charged With Impersonating Cop To Get Money From Elderly Couple

    Surrey Man Harmit Johal Charged With Impersonating Cop To Get Money From Elderly Couple
    RCMP say they received a report of a man posing as an undercover police officer and telling a couple he was investigating counterfeit money.

    Surrey Man Harmit Johal Charged With Impersonating Cop To Get Money From Elderly Couple

    Woman Testifies About Strange Dynamic In Home Shared With Winnipeg Murder Suspect

    WINNIPEG — A woman says there was a strange dynamic in a house several women shared with a man who is accused of killing one of them.

    Woman Testifies About Strange Dynamic In Home Shared With Winnipeg Murder Suspect

    Countermeasures Were Key To Ending Tariff Stalemate With U.S., Says Trudeau

    SEPT-ÎLES, Que. — Canada's retaliatory tariffs on American goods played a key role in restoring free access to the U.S. market for Canadian steel and aluminum, Prime Minister Justin Trudeau says.

    Countermeasures Were Key To Ending Tariff Stalemate With U.S., Says Trudeau

    Deported Dangerous Offender Argues Charge That Would Keep Him In U.S. Jail Too Old

    Deported Dangerous Offender Argues Charge That Would Keep Him In U.S. Jail Too Old
    The prosecutor says Shrubsall's arguments are weak, given that he is accused of fleeing his own trial in May 1996, leaving behind a suicide note before he disappeared into Canada.

    Deported Dangerous Offender Argues Charge That Would Keep Him In U.S. Jail Too Old