Originally Posted by Vidaloco
It sounds like that driver either didn't see her or was intoxicated. Either way I hope they catch him.
Update on this particular case.
(The Blue Mountains, ON) Collingwood and The Blue Mountains O.P.P. Is currently investigating a motor vehicle collision on the 9th Side Road at the 10th Line in The Blue Mountains involving a horse that later had to be euthanized.
At approximately 5:50 p.m. On March 31st, 2009 a horse and rider were on the 9th Side Road when a west bound vehicle struck the horse with the rider. Police investigation located the driver.
46 year old Martin Wickens of The Blue Mountains has been charged with Careless Driving contrary to the Highway Traffic Act of Ontario and Fail to Remain at the scene of an Accident contrary to the Criminal Code of Canada. Wickens will appear in Owen Sound court on May 14, 2009.
The update indicates that the driver has been charged with careless driving under the Highway Traffic Act, which is provincial legislation. The offence of careless driving is defined at section 130 of that Act:
Highway Traffic Act
R.S.O. 1990, CHAPTER H.8
130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.
If you are convicted of an offence under the Highway Traffic Act, you will have a driving record, but not a criminal record.
The update also indicates that the accused man has been charged with failing to remain under the Criminal Code of Canada. That offence is set out at section 252 of the Code and a relevant definition for the purpose of this case can be found in the interpretation section of the Act which is set out at section 2:
Criminal Code ( R.S., 1985, c. C-46 )
Failure to stop at scene of accident
252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case of a vehicle, cattle in the charge of another person,
And with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.
(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.
Offence involving bodily harm
(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Offence involving bodily harm or death
(1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if
(a) the person knows that another person involved in the accident is dead; or
(b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.
(2) In proceedings under subsection (1), evidence that an accused failed to stop his vehicle, vessel or, where possible, his aircraft, as the case may be, offer assistance where any person has been injured or appears to require assistance and give his name and address is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.
R.S., 1985, c. C-46, s. 252; R.S., 1985, c. 27 (1st Supp.), s. 36; 1994, c. 44, s. 12; 1999, c. 32, s. 1(Preamble).
2. In this Act,
"cattle" means neat cattle or an animal of the bovine species by whatever technical or familiar name it is known, and includes any horse, mule, ass, pig, sheep or goat
The Criminal Code of Canada is federal legislation. If you are convicted of an offence under the Criminal Code of Canada you will have a criminal record.
The Crown elects whether or not to proceed by way of summary conviction or by way of indictment. If the Crown elects to proceed by way of indictment, the punishment for failing to remain is set out at s.252(1.1) (see above). If the Crown elects to proceed by way of summary conviction, the maximum sentence available is set out at section 787:
787. (1) Unless otherwise provided by law, everyone who is convicted of an offence punishable on summary conviction is liable to a fine of not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both.
Imprisonment in default where not otherwise specified
(2) Where the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term not exceeding six months.
(3) to (11) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 171]
R.S., 1985, c. C-46, s. 787; R.S., 1985, c. 27 (1st Supp.), s. 171; 2008, c. 18, s. 44.
In addition to possible the sanctions set out above, a person who is convicted of careless driving under the HTA may have their licence suspended by Order of the Court and a person who is convicted of failing to remain under the Criminal Code will likely be prohibited from driving in Canada for a specified period of time, also pursuant to an Order of the Court (these are separate and distinct from any licence suspensions that may be imposed by the MTO). Additionally, a person who is convicted of either of these offences may be sentenced to a period of probation. Still not enough in my eyes.