http://calsun.canoe.ca/News/Alberta/...7/8782271.html
Kevin Martin's latest report from this morning. Some of the closing arguments from Der:
Quote:
Canadian motorists who kill without using their vehicles as a weapons can't be convicted of manslaughter, the lawyer for Cochrane trucker Daniel Tschetter said today.
Defence counsel Balfour Der said Parliament has created other offences, such as dangerous driving causing death, in place of vehicular manslaughter.
Der said legislators specifically eliminated motor manslaughter and created new crimes -- which include criminal negligence and impaired driving causing death.
But Der said Fraser will have to determine whether Tschetter's driving was a marked departure from the norm such that it was dangerous, or negligent.
"It is the manner of driving that is the issue here as opposed to the consequences," Der said, of the tragic result of the crash.
He said at most his client is guilty of dangerous driving, since the evidence fell short of showing Tschetter had a wanton and reckless disregard for the safety of others.
Der said manslaughter would require a greater moral culpability than a motorist who drives dangerously or negligently.
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