Careless driving offences require broader spectrum of penalties

Simply imposing fines on drivers convicted of careless driving causing death or bodily harm to pedestrians and cyclists does not send any kind of message to the public, Toronto critical injury lawyer Patrick Brown tells Law Times.

As the article notes, Brown, partner with McLeish Orlando LLP, is representing the family of Edouard Le Blanc in civil lawsuits — the cyclist was struck by a driver in Scarborough in 2014 and died from his injuries. The driver involved was charged with careless driving, fined $700 and issued six demerit points.

‘Lacks a guiding rationale’

As Law Times reports, lawyers say cases like Le Blanc’s highlight the limitations of the Provincial Offences Act, which, unlike the Criminal Code, “lacks a guiding rationale or principles for judges and justices of the peace when imposing sentences.”

Individuals convicted of careless driving under the Highway Traffic Act can face up to six months in jail and fines ranging from $400 to $2,000, the article notes.

Brown tells Law Times that penalties should be expanded to include a broader spectrum of sentencing options. Alternative measures, he says, could include requiring drivers to participate in community service or road safety courses.

“Instead of simply having these fines and jail sentences as an available scope for careless (driving), it’s got to be much more expanded,” says Brown, adding that these charges rarely result in jail sentences.