‘Law failed’ driver in duck-related crash: lawyer
MONTREAL — Canadian criminal law isn’t designed to handle a case like Emma Czornobaj’s, her lawyer says.
A Montreal jury found Czornobaj, 25, guilty Friday of criminal negligence causing death for an unusual traffic accident in which she showed no criminal intent but could still be imprisoned for life.
In its fourth day of deliberation, the jury returned verdicts of guilty of two counts each of criminal negligence causing death, which carries a maximum life sentence, and dangerous operation of a motor vehicle causing death. The maximum sentence for the latter is 14 years in prison.
On June 27, 2010, Czornobaj stopped her car in the left lane of Highway 30 in Candiac, Que., across the St. Lawrence River from Montreal, exited her Honda Civic and tried to rescue a group of about seven ducklings.
Within seconds, a HarleyDavidson motorcycle, driven by Andre Roy, 50, with his 16-year-old daughter Jessie on the back, slammed into the back of Czornobaj’s vehicle. Both were killed.
In the trial, defence lawyer Marc Labelle acknowledged his client’s actions were “open to criticism.”
On Friday, after the verdicts, he even acknowledged that what she did was dangerous. But he refused to accept that it was criminal.
“Here we have a situation where the act was considered dangerous by the jury — that’s obvious,” Labelle said.
“But there was no ill will at all — no alcohol, no speeding, no race. In a case like this, the instructions that the judge gave (to the jury) are a little bit unjust for a citizen in this situation.”
Labelle said he had no problem with the instructions given to the jury by Superior Court Justice Eliane Perreault.
“What I’m saying is that the instructions (all) judges are obliged to give on criminal negligence can’t suit a case like this. What the jury is asked is: Consider the act; if it is dangerous, objectively, then you may infer there was a crime.
“What I’m saying is, the fact that (Perreault) had to give these instructions brings me to the conclusion that, in this field, Canadian law failed.”
Two months before the trial began, Labelle said in court that his client was willing to plead guilty to at least some of the four charges, but a plea bargain wasn’t possible because the Crown wanted her to serve jail time.
Czornobaj took her chances with a jury and the gamble did not pay off.
Seated next to her mother in court Friday, she appeared stunned by the verdicts and dabbed her eyes with a tissue.
“She is in shock,” Labelle said. “What do you expect? Already, to have caused the deaths of two people, you know, it’s really something. And the verdict just confirmed that it was criminal. She’s pretty emotional right now.”
Labelle said a 2007 change in the Criminal Code does not allow a sentence for criminal negligence causing death to be served in the community. The only options are jail, a prison term combined with a fine or a suspended sentence with community service, Labelle said.
He said he’ll consider asking for a pre-sentencing report before sentencing arguments begin, starting Aug. 8. Such reports are prepared by criminologists who examine many aspects of convicted persons’ lives and their attitudes to their crimes.
Czornobaj has no criminal record. She is a financial analyst, but testified she has had a hard time finding work since 2011, after she was charged. As a business student at Montreal’s Concordia University, she made the dean’s list.
The sentencing stage of the case begins on Aug. 8.