section 249.2

INTRODUCTION AND BRIEF DESCRIPTION

Causing death through street racing is a criminal offence punishable by life imprisonment.

SECTION WORDING

249.2 Everyone who by criminal negligence causes death to another person while street racing is guilty of an indictable offence and liable to imprisonment for life.

EXPLANATION

Section 249.2 of the Criminal Code of Canada is a law that specifically targets street racing and the danger it poses to society. The law states that anyone who engages in street racing and, through their own negligence, causes the death of another person will be charged with an indictable offense and can be sentenced to life in prison. This section of the Criminal Code is meant to deter individuals from engaging in the dangerous and often deadly activity of street racing. It aims to protect innocent bystanders, pedestrians, and other motorists from the risks associated with street racing and the harm that can result from it. Street racing is a form of reckless driving that involves two or more vehicles racing against each other at high speeds on public roads or highways. This type of driving poses a significant danger to everyone on the road, including the participants themselves. Street racers often disregard traffic laws, including speed limits, stop signs, and traffic lights, putting themselves and others at risk. The criminal negligence required to be convicted under section 249.2 means that the individual knew or should have known that their actions posed a serious risk of harm to others. A conviction under this section carries serious consequences, including lengthy imprisonment and a criminal record. In conclusion, section 249.2 exists to protect the public from the dangers of street racing and to hold those responsible for reckless and negligent behaviour accountable for their actions. By penalizing individuals who engage in this dangerous activity, the law seeks to prevent the loss of life and ensure the safety of all road users.

COMMENTARY

Section 249.2 of the Canadian Criminal Code seeks to address the grave consequences of street racing by making it a criminal offence to cause death as a result of engaging in this reckless activity. The provision recognizes that street racing poses a serious risk to public safety and can result in fatal accidents that devastate families and communities. Under this section of the Code, anyone who causes the death of another person while engaging in street racing can be prosecuted and face life imprisonment. The provision targets individuals who engage in street racing, a dangerous activity where drivers race on public roads and highways, often at high speeds and in close proximity to other vehicles and pedestrians. Street racing is not only illegal, but it is also extremely hazardous and leads to collisions that can cause serious injuries and even fatalities. The Canadian Criminal Code recognizes that street racing poses a significant danger to public safety and should be deterred by imposing severe penalties on offenders who cause harm to others as a result of their reckless behaviour. Section 249.2 of the Criminal Code is significant in that it recognizes that street racing is a form of criminal negligence. Criminal negligence refers to a wanton or reckless disregard for the lives or safety of others, which can result in harm or death. Street racing is considered criminal negligence because it involves the driver's complete disregard for the safety of other motorists, pedestrians and bystanders. Drivers engaging in street racing are in breach of their duty of care owed to other road users, and this reckless behaviour can lead to fatal accidents that permanently alter the lives of victims and their families. The punishment for the offence under Section 249.2 is life imprisonment, which is the harshest penalty that can be imposed under Canadian law. This severe sentence is intended to deter potential offenders from engaging in street racing because of the harm and danger it poses to others. Life imprisonment for causing death while street racing also reflects the seriousness of the offence and the need to ensure that justice is served for the victims and their families. In addition to the severe punishment for the offence, Section 249.2 also sends a strong message to society that street racing is a dangerous and illegal activity that will not be condoned. The provision serves to remind drivers that they have a duty to drive responsibly and to avoid engaging in activities that put the lives of others at risk. It also puts drivers on notice that if they do engage in street racing, they will face severe consequences if their reckless behaviour leads to the death of another person. In conclusion, Section 249.2 of the Criminal Code of Canada serves as a critical tool in addressing the grave consequences of street racing. By recognizing that street racing is a form of criminal negligence and imposing harsh penalties for offenders, the provision aims to deter potential offenders from engaging in this reckless behaviour. Additionally, this section of the Criminal Code sends a strong message to society that street racing is a dangerous and unacceptable activity that carries severe consequences for those who cause harm to others. It is a necessary provision to protect the public and ensure that justice is served.

STRATEGY

Section 249.2 of the Criminal Code of Canada criminalizes street racing resulting in death caused by criminal negligence. This section imposes severe penalties that culminate in lifelong imprisonment for the culprits. When dealing with this section, there are strategic considerations that lawyers and law enforcement officials employ to ensure that justice prevails and the right individuals are held liable for their actions. One of the strategic considerations in handling this section is to ensure that the evidence is strong enough to support the charge and subsequent conviction. It is important to invest time and resources in gathering and analyzing evidence to establish the causal link between the street racing activity and the death of the victim. The evidence should be presented in court in a manner that is convincing and leaves no doubt that the accused acted negligently, which caused the death. Another strategic consideration when dealing with this section is the use of expert witnesses. Expert evidence can be valuable in reconstructing the events leading to the death of the victim. The expert witnesses can testify based on their knowledge, experience, and qualifications, which can help the jury to better understand the facts of the case. Additionally, an expert witness can provide an objective perspective that can help break down complex technical details into layman's language that can be understood by the jury. A third strategic consideration is pleading bargain. When dealing with a case under this section, a plea bargain can be an avenue for the accused to plead guilty to a lesser charge than an indictable offence. This is often useful when it is apparent that the evidence against the accused is strong and a conviction is inevitable. Pleading guilty to a lesser charge can significantly reduce the potential sentence, resulting in a lighter punishment for the accused. Another strategic consideration when dealing with this section is to engage the services of a competent criminal defence lawyer. A competent lawyer can help provide guidance on the best course of action to take regarding the evidence, expert witnesses, and plea bargaining. The lawyer can assess the case's strengths and weaknesses and advise the accused accordingly. In conclusion, section 249.2 of the Criminal Code of Canada criminalizes street racing resulting in the death of a victim caused by criminal negligence. When dealing with this section, it is important to consider the evidence, expert witnesses, plea bargaining, and the services of a competent defence lawyer. These strategies can aid in ensuring that the right individuals are held accountable for their actions, leading to justice for the victim's family and a deterrent for similar activities in the future.