Mom told police probe into son’s death has ended
Lawyer predicts investigation report won’t contain enough evidence to pursue criminal charges
Jenn Hanna learned last week that the Cape Breton Regional Police investigation into her son’s death, which has been the subject of much public criticism, has concluded.
But none of the three police investigators she said she met with on Friday at police headquarters in Sydney could say whether charges would be laid. She was told the investigation into Joneil Hanna’s death had been turned over to the Crown attorney’s office in Cape Breton.
Jenn Hanna said she was told by one of the investigators to expect a decision one way or the other in the next two weeks.
The Chronicle Herald spoke to a criminal lawyer who predicted that no criminal charges will be laid.
The lawyer, who spoke on the condition of anonymity, predicted the investigation report submitted to the Crown won’t contain enough evidence to pursue criminal charges such as dangerous driving causing death.
While the Crown can provide advice to police, in Nova Scotia, it’s the police’s job to lay charges. It’s the Crown’s role to decide whether to prosecute. He suggests that in this case the police are either looking to a lay a much less serious Motor Vehicle Act charge, which carries a fine but no jail time, or simply looking for confirmation from the Crown that there’s no case for any Criminal Code charges.
“It’s 50-50, the police have likely come to the conclusion that they don’t think there’s any evidence for a charge, but they don’t want to close the file without the Crown agreeing, or the investigation says something like investigators looked at this and the only basis we have is for a motor vehicle charge.
“It’s 100 per cent up to the Crown whether the charge will proceed and in what manner. That’s not to say the Crown won’t go back to police and get their views, but it should only take weeks, not months, before we know, one way or another.”
Joneil Hanna was struck and killed in the early morning hours of June 10, shortly after leaving a raucous prom party in Leitches Creek. The driver of the vehicle was at the same party and was granted permission to leave the event by a Cape Breton Regional Police officer, say passengers of the vehicle who have spoken to The Chronicle Herald.
The driver was never breathalyzed and has not been charged, which has family members and friends of the victim pushing for an independent investigation into the conduct of Cape Breton Regional Police officers who were at the scene of the fatal incident and the party.
“Not only now is there no evidence for impaired driving but the range of charges is now extremely limited.”
The lawyer said even in cases of people being struck and killed in a crosswalk, Criminal Code charges rarely end in conviction and often result in a fine under the Motor Vehicle Act.
“It’s not criminal, you might lose your licence for a little bit but that’s it.”
He said other challenging factors in this case, such as it being nighttime at the time of the incident and that many of the witnesses had been drinking, makes securing a conviction even more difficult.
Cape Breton Regional Police have not responded directly to allegations of misconduct. But Police Chief Peter McIsaac stated early in the investigation that he has full confidence in his officers but said he couldn’t comment more because the investigation was still open. On Monday, Cape Breton Regional Police would not respond to questions about the investigation being referred to the Crown.
Chris Hansen, director of communications for the Nova Scotia Public Prosecution Service, could not confirm or deny whether the matter is before the Crown. She also said the Crown isn’t permitted to share details of police investigations before being closed or advancing to the courts.