Convicted! - Even 3rd person in canoe can be charged with 'impaired driving!'

Discussion in 'General Paddling Discussions' started by mick_allen, Jul 2, 2019.

  1. mick_allen

    mick_allen Paddler & Moderator

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    get a load of this:
    https://vancouversun.com/news/canad...tice/wcm/05d03188-8658-4efd-af04-d94ba9873fb4

    A judge ruled that you can be charged with impaired operation regardless of where you are sitting in a canoe!


    relevant issue:
    What if you’re in the middle of the canoe?

    The defence team also pointed out that unlike a motor vehicle or boat, there can be multiple people “operating” (i.e., paddling) a canoe at any given time. But West ruled that anyone paddling the canoe while impaired could potentially be charged, regardless of where they were sitting.

    “The defence referred to the possibility of a person sitting in the middle of the canoe who is impaired and paddling,” he wrote. “Again, it would be up to the police officer investigating to determine which of the persons in the canoe should be charged, having regard to the totality of the circumstances involved.”

    eventually with the advance of 'definitions of wrongdoing', we will all be criminals.

     
  2. mick_allen

    mick_allen Paddler & Moderator

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  3. JohnAbercrombie

    JohnAbercrombie Paddler

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    Thanks for posting this, Mick.

    But in this case, the defendant was alone in the canoe with an 8 year-old boy (i.e. in control of the boat) and paddled up to a line of buoys above a waterfall, in April, in Ontario. The canoe flipped and the boy drowned.
    The defendant had a blood alcohol level of .08-.10 and also THC.
    So not the 'middle of the boat' situation....though that option is open for those who "protect and serve"....
    However, it's the 'legal system', not the justice system. A probable sentence of up to 10 years in this case when murderers get a lot less all the time? And driving a bicycle while drunk or stoned isn't an offence at all?

    BTW, the defendant was convicted of much more serious offences than impaired driving.