The Ontario Supreme Court dismissed a male appeal ofEtobicokeand was convicted of causing the death of a girlfriend due to ship disruption and negligence. He was sentenced to six years in prison. 8 year old son.
On April 7, 2017, David Sillars was at his friend's villa on the Muskoka River in the town of Bracebridge during a spring flight with his girlfriend's son Thomas Rancourt. I canoeed in the river. ..
The water was cold and moving quickly. Thomas didn't know how to canoe and he wasn't good at swimming. Shiraz and her child were rowing towards the High Falls, collecting debris pressed against a yellow barrier warning of the danger of a fall and catching a canoe. An eight-year-old child died after being swept away by a waterfall.
Shiraz managed to swim to the shore. His blood alcohol level was 128 milligrams in 100 milliliters of blood, more than 1.5 times the legal limit.
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On June 27, 2019, Sillars was convicted by Judge Peter C. West, and on October 4, 2019, he was six years old. I was sentenced to imprisonment.
In late May, a Sillars lawyer claimed in the Ontario Court of Appeals that the canoe was not a criminal offense. They were also convicted of the criminal, as the rights of Sillars' defense counsel were violated by police not advising him on his defense counsel's rights prior to an approved screening device (ASD). He claimed that there was no expert evidence of standard treatment. Negligence can be grounds. Sillars also argued that the ruling was "obviously inappropriate."
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Court Appeals The court agreed with the judge who concluded that the canoe was a "ship" under criminal law. In their decision, Judge Mary Lou Barebone, Judge Bradley Miller, and Judge Julie Soburn said, "The purpose of the enactment is to protect the public from the consequences of water transport obstacles." I am writing.
"Obstacles pose risks to canoe passengers, other vessels, swimmers and first responders. Unlicensed transport, muscle-powered vessels and yachts carry the same risk of injury and death as licensed and motor-powered transport, "they add. I did.
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Judges are extensive on whether expert evidence is needed to convict negligence. Given the findings, we decided that no expert evidence was needed. According to the judge. This includes the fact that the outside temperature on April 7, 2017 was between 3 ° C and 4 ° C. The school bus was canceled due to road slashes and ice. The spring snowmelt gained momentum and the water level was high. The temperature of the Muskoka River was extremely cold and cold.
Sillars were warned by at least two people who experienced water quality during the spring spill not to go canoeing because it was too dangerous. The life jacket that Thomas wore was too small. Shiraz consumed alcohol and smoked cannabis before the canoe trip. Thomas respected the appellant as his father, and this relationship with Thomas created the appellant's duty of care to Thomas.
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"The judge's finding of fact is that the appellant's actions are a significant and substantive deviation from the actions of a reasonably wise person and obligate him. It leads to the inevitable conclusion that he has shown frustration and reckless disregard for the life and safety of his child, Thomas, of care, "the appeal judge wrote.
The Court of Appeals agrees with the judge that the six-year judgment is appropriate, noting the role of the appellant as the father of Sillars' long criminal record (including previous imprisonment) and Thomas. Did. He is in a position of trust and authority.
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The appellate judge said that in the case of automobiles, condemnation and general deterrence are the most important judgment principles. He pointed out that it applies to ships as well.
"The fact that the transport here was a canoe did not undermine the potential danger posed by obstacles and negligence in its operation," the judge wrote. The moral negligence of the appellant.
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On Tuesday morning when Shiraz was detained, he began to issue his sentence. He has 60 days to file a vacation request to appeal to the Supreme Court. Frank Addario, a Sillars lawyer, declined to request comment on the appeal decision.
Thomas Rancourt's family told Global News that they were relieved.
"Thomas justice is what we wanted. I'm shocked, I'm trembling," said Thomas' grandmother Donna Posnikov. rice field.
"Dave Shiraz, I'm very happy he's in jail. You don't know anything. I'm crying Thomas," Posnikov said.
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