Summary: In the month of October 2015, twenty-two year old, Sabastian Prosa, was sentenced to five years in prison and banned from driving for eight years after killing a daughter and a father in a car crash back in 2012. Being nineteen at the time, Prosa drunkenly drove into oncoming traffic on Highway 427 on the night of August 5, 2012- killing Jayanatha and Eleesha Wijeratne. Prosa had claimed that he might have been drugged while attending a club downtown, which could have caused him to be intoxicated against his will. Prosa’s lawyer insisted on having the charges stayed as the blood samples used in this case were not efficient due to a leakage. Superior Court Justice Glenn Hainey agreed that Prosa’s Charter Rights may have been violated
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According to the Court of Appeal of Ontario, sentences for fatal drinking and driving cases have turned towards harsher penalties recently. In Prosa’s case, Hainey felt that he was a good candidate for rehabilitation who would most likely avoid offending again. After Hainey’s decision, Brian and Antonette Wijernatne, the other members of the Wijernatne family, expressed their dissatisfaction with the penalties drunk drivers face. The Crown prosecutor, Tom Goddard offered a similar opinion- adding the repercussions that come with drunk driving. Premier Kathleen Wynne of Queen’s Park, stated that the government was willing and ready to enforce harsher penalties for drunk driving as soon as it grew in demand by the general …show more content…
Also, to be more specific about Criminal Law, this article falls under Consolidated Acts section 253 under the Criminal Code of Canada. This association is due to the notion that the government is interacting with the general public rather than individuals interacting with one another and that the infringements occurring affect the Criminal Code. In section 253, it states that “Every one commits an offence who operates a motor vehicle or vessel [...] whether it is in motion or not, (a) while the person’s ability to operate the vehicle [...] is impaired by alcohol or a drug; [...] one hundred millilitres of blood”. In private morality, the Canadian government enforcing stricter rules and sentencing harsher punishments seems justified. The idea of limiting the number of car accidents caused by drinking is one that should be taken seriously. With that being said, the new/revised laws and regulations that have recently been drafted for drivers in Ontario show good signs for safer roads. Even in schools, there have already been campaigns run by nonprofit organizations like MADD educating future drivers about the risks and dangers of drunk driving which could make all the difference in the future. The pain and suffering drunk drivers create to all parties in incidents is very preventable. These repercussions should be the main drive for reform since anyone at anytime
According to the Court of Appeal of Ontario, sentences for fatal drinking and driving cases have turned towards harsher penalties recently. In Prosa’s case, Hainey felt that he was a good candidate for rehabilitation who would most likely avoid offending again. After Hainey’s decision, Brian and Antonette Wijernatne, the other members of the Wijernatne family, expressed their dissatisfaction with the penalties drunk drivers face. The Crown prosecutor, Tom Goddard offered a similar opinion- adding the repercussions that come with drunk driving. Premier Kathleen Wynne of Queen’s Park, stated that the government was willing and ready to enforce harsher penalties for drunk driving as soon as it grew in demand by the general …show more content…
Also, to be more specific about Criminal Law, this article falls under Consolidated Acts section 253 under the Criminal Code of Canada. This association is due to the notion that the government is interacting with the general public rather than individuals interacting with one another and that the infringements occurring affect the Criminal Code. In section 253, it states that “Every one commits an offence who operates a motor vehicle or vessel [...] whether it is in motion or not, (a) while the person’s ability to operate the vehicle [...] is impaired by alcohol or a drug; [...] one hundred millilitres of blood”. In private morality, the Canadian government enforcing stricter rules and sentencing harsher punishments seems justified. The idea of limiting the number of car accidents caused by drinking is one that should be taken seriously. With that being said, the new/revised laws and regulations that have recently been drafted for drivers in Ontario show good signs for safer roads. Even in schools, there have already been campaigns run by nonprofit organizations like MADD educating future drivers about the risks and dangers of drunk driving which could make all the difference in the future. The pain and suffering drunk drivers create to all parties in incidents is very preventable. These repercussions should be the main drive for reform since anyone at anytime