We often wonder why the police don't charge drivers or seem to charge them with something that does not suit the driving crime. Keep in mind that in the case of a fatal or serious injury collision that it is not the police making the decision to charge the offending driver, it is Crown Counsel. The Crown makes the decision based on the totality of the evidence furnished to them by the police investigation and the guidelines set out in the Crown Counsel Policy Manual established by the BC Ministry of Justice.
The policy manual is a public document.
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Thanks for posting this.
Lots of interesting reading.
One point I found "hilarious" is that issuing a Violation Ticket under MVA can be bad news for Criminal Code charge that may follow:
"There is a potential for res judicata problems in issuing violation tickets for Motor Vehicle Act offences where there is a possibility that Criminal Code charges may also be laid. Under the violation ticket process, the accused can pay the fine amount indicated on the ticket or fail to dispute the ticket and be deemed guilty before a charge assessment decision can be concluded on a potential Criminal Code charge, creating a possible defence of res judicata."
Basically if you get a speeding ticket while spreading an unfortunate human being over 200 meters of pavement, and pay it fast, you can legally claim that you've served the punishment ;)
On the other hand, I doubt that Crown will issue such tickets, and most importantly it shines the light on one of the reasons tickets are not given to drivers involved in accidents. If the ticket is paid, Criminal and Civil prosecution could be precluded prematurely.
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Thanks for posting