lenaitch
Senior Member
The fix for Birchmount and Danforth is easy and quick. On Monday morning put out concrete barriers so it's only one lane each way. Reduce the speed to 40 km an hour because it's a school zone. Interestingly, so far the van driver has not been charged with dangerous driving. I wonder if the victim was cycling on the walk path or crossed against the light - not victim blaming, but curious as to the facts.
Today I was driving south on Sackville St. towards Gerrard. I had the green but I always slow here because I’ve seen trucks run the red. Just as I approach Gerrard a cyclist crosses against the red light directly in my path. I stop and toot the horn, and the young woman cyclist looks bewildered and carries on. I’m not sure how the road and this intersection could be made safer.
Obviously, we don't know the evidence that has and likely continues to be gathered. The revised offence of Dangerous Driving under the Criminal Code is deceptively straight forward:
Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.
but the body of case law as to what constitutes it (actually, the previously-worded offence) is fairly extensive. At its most basic level, it can boil down to advertent vs. inadvertent; i.e. the mental element (mens rea' - guilty mind). When considering elements of the offence, the term 'marked departure from the reasonable standard of care' (R. v Roy) needs to be considered. It's actions (or inactions) that would be on trial, not the outcome. The outcome in this instance enters the picture only from the perspective of which subsection to use.