My (and your) life is only worth $85 + $9

[Rob MacLennan]

What's really needed are things that have been happening in some US states; minimum penalties for being at-fault in collisions involving injury or death.

Doesn't matter if the driver was on the phone, or fiddling with the radio, or was just ignorant of right-of-way rules, and as a result, it doesn't matter what the cell phone records show or what excuse they give. If a driver is at fault in a collision resulting in injuries ... then there is a set minimum fine and a set minimum driver's license suspension period. I would add that in right-of-way-violation situations, the driver shouldn't just get their driver's license back after the suspension, they should be sent back to square one as if they were a new driver, and go through the whole testing procedure again (forces them - as best we can - to re-acquaint themselves with the rules).

Ideally, s. 172 should go away, and the penalties transferred to this.

Mandatory minimum sentences is one of those wonderful ideas that has so completely screwed up the American legal system. So much so that of course our own Federal Conservatives want to bring them here.

We don't need minimum sentences. What we need are appropriate sentencing guidelines.

 

[nobbie48]

is OP suing the driver in civil court yet? if not, why not?

We buy insurance so we are covered. That's the whole idea.

 

[nobbie48]

Mandatory minimum sentences is one of those wonderful ideas that has so completely screwed up the American legal system. So much so that of course our own Federal Conservatives want to bring them here.

We don't need minimum sentences. What we need are appropriate sentencing guidelines.

Short of masochists no one sticks their finger in a light socket a second time. The reason is the punishment is instant, consistant and without consideration of personality. Courts take months or years to punish. The perp gets all that time to rationallize why they weren't all to blame, they're nice guys etc.

Part 2 is that it takes years to unlearn bad habits. One big fine is forgotten when the cheque clears and bad behavior returns.

None of our current systems seem to address this.

 

[Rob MacLennan]

Short of masochists no one sticks their finger in a light socket a second time. The reason is the punishment is instant, consistant and without consideration of personality. Courts take months or years to punish. The perp gets all that time to rationallize why they weren't all to blame, they're nice guys etc.

Part 2 is that it takes years to unlearn bad habits. One big fine is forgotten when the cheque clears and bad behavior returns.

None of our current systems seem to address this.

HTA 172 follows this logic and yet most here don't like it, but mandatory minimums are OK? Surprisingly enough our legal system is far better at reducing recidivism rates than is that of the United States, so let's not try and emulate a system that is functionally inferior than the one we already have. We can improve what we have, without making the mistakes that have already been made elsewhere.

 

[nobbie48]

HTA 172 follows this logic and yet most here don't like it, but mandatory minimums are OK? Surprisingly enough our legal system is far better at reducing recidivism rates than is that of the United States, so let's not try and emulate a system that is functionally inferior than the one we already have. We can improve what we have, without making the mistakes that have already been made elsewhere.

All I'm suggesting the pendulum has swung too far one way here but then, too far the other in the USA. I see us moving closer to the US. When you sleep next to an elephant you roll over the way they do or get crushed. Not saying it's good.