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Crown pushing for teen to be tried in adult court
Île Perrot road fatality was tragic, but trial will show it was an accident, defence says
DAVID JOHNSTON
The Gazette
Tuesday, July 29, 2008
Bianca Leduc was killed Oct. 31. (Gazette file photo)
Crown prosecutors say they are going to fight to have an
adult court hear the trial of the 18-year-old man charged in
3-year-old Bianca Leduc's death last fall.
The teen, alleged to have been criminally negligent in the Oct. 31
road fatality in Île Perrot, is to appear in Quebec Youth Court in
Valleyfield today.
But proceedings will be automatically postponed after crown
prosecutor Mélanie Dufour informs the court that Superior Court has
agreed to hear a motion from her on Thursday to keep the case in
adult court.
The identity of the teen charged in Bianca's death was widely
publicized before Quebec Court Judge Odette Perron agreed on June 27
to a defence request to transfer the case to youth court.
Because the incident occurred on his 18th birthday, the defence
argued for a trial in youth court, citing jurisprudence in such
borderline-age cases.
Perron agreed to transfer jurisdiction, but Dufour said the judge
made errors of law in her ruling.
"We're saying (Quebec Court) should have exercised jurisdiction,
but didn't," Dufour said yesterday.
Bianca was struck by a car and killed in the early afternoon of
Oct. 31 as she was putting up Halloween decorations on the front
lawn of a home daycare on Giffard St.
The 18-year-old is alleged to have been driving alone despite the
fact he had only a learner's driving permit; learners may only drive
in the company of a licensed driver.
Bianca was killed after the 18-year-old is alleged to have swerved
to avoid hitting the car in front of him at an intersection. That
car was being driven by a friend, a Pincourt resident who was 17 at
the time of the incident. Speed and reckless driving are alleged to
have played a role in the girl's death.
As with the 18-year-old, the 17-year-old is facing two charges -
criminal negligence causing death and dangerous operation of a motor
vehicle.
The 18-year-old's lawyer, Pierre Joyal, said last month his client
plans to plead not guilty to the charges.
Bianca's death was a terrible tragedy, but the trial will show it
was an accident with no real element of criminal wrongdoing, Joyal
said.
When is someone in the
When is someone in the judiciary going to do what's right rather than following what has been played around with the so called rules?
Nothing we can do will bring Bianca back to life. How do we prevent another repeat of this tragedy? Stop giving licenses to these kids (and adults) who have no idea that they're driving a lethal weapon. Every day, when I'm out driving, I see incredibly stupid maneuvers performed by accredited drivers.
Driving is a PRIVILEGE not a right. Stop with this demerit system and suspend the license PERIOD!!
(BTW, have you ever driven at 50kmh at the entrance to the Galipeault bridge while under construction?...thought not, you'd be cursed, honked and passed like no tomorrow.)
Yes this kid's life has been changed forever, prevent him from driving and maybe teach him and his pals what it means to be a responsible driver.
Just an addendum, I've got a
Just an addendum, I've got a 17 year old daughter who has her learner's permit. I, as a parent, am going to make damn sure that she has control of the vehicle and knows how to drive, and satisfies MY concerns about her driving before letting her on the road, even if the SAAQ has given her a license.
Sorry, this subject is
Sorry, this subject is really close to the heart.
We have a rule in our family, ANY drinking, NO driving. PERIOD.
I don't see why we have an alcohol limit of .08%, when taxi drivers and bus drivers have a 0 percent limit.
80% of our accidents are caused by DRIVERS, not bad roads or conditions, BUT DRIVERS.
Perhaps it is time to give the dept of transport the tools, the power and the manpower to police the roads. The SQ doesn't seem up to it.
I'm on a
I'm on a roll...
Highways.... photo radar, But with a maximum (highway) of 120 km and minimum of 90km
Get real. This is the way people drive. Nail 'em over 120 and nail them UNDER 90km (under normal traffic flow)
School zones. Someone has a 20% chance of surviving a pedestrian hit at 50km, they have an 80% chance of surviving at 30km...think about it.