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Tougher careless driving laws will not necessarily translate to tougher penalties, Toronto critical injury lawyer Patrick Brown tells Global News.
The provincial government unveiled a series of proposed changes to Ontario’s Highway Traffic Act, including the creation of the new offence:careless driving causing death or bodily harm. Conviction could result in a maximum penalty of a $50,000 fine, up to two years in jail, as well as a five-year licence suspension.
While Brown, a partner with McLeish Orlando LLP, described the amendments as a “step in the right direction,” he tells Global that well-advised drivers will still be able to reach plea deals to avoid the most significant consequences, thanks in part to the under-funded status of traffic courts.
“There is a very strong likelihood that those individuals will lawyer up, and a very strong likelihood that they will say, ‘We will try this case,’ and a very strong likelihood that there will be a plea entered to a lower, lesser, included offence, so that then those penalties don’t take place and the person, once again, walks away with a small fine,” he says.
Acknowledging the victim in the new law represents a more accurate reflection of the value society places on a person’s life, Brown tells the station.
‘Cultural attitude’
“The cultural attitude is that it’s just part of the driving process. We’ll give a fine, we’ll give a few demerit points, and we’ll let that person drive home, back on the road, and never ever once take a look and see whether or not they’re actually a good driver,” he says.
Because of the size of the minimum penalty, the new law may still allow those charged with the careless driving offence to avoid appearing in court for victim impact statements, Global says, an aspect that troubles Brown.
“That should be changed,” he says. “If that’s not in the legislation, it should be. They should be required to face the family, so that when they read the victim impact statement they are present and listening to it.”
In a Toronto Star story on the same new laws, Brown tells the paper that the province would be well-served by the enacting of a “vulnerable road user law” that would boost penalties for drivers who seriously injure pedestrians or cyclists, regardless of which charges they ultimately face.
“You should be subject to a licence suspension, you should be subject to community service hours, you should be required to take a driving course before you re-enter back onto the road,” Brown says.