Mountie found not guilty of dangerous driving causing pedestrian's death
An RCMP cruiser is seen in this file photo.
The Canadian Press
Published Friday, June 14, 2019 9:40PM EDT
Last Updated Friday, June 14, 2019 10:00PM EDT
FORT MCMURRAY, Alta. -- A Mountie has been found not guilty of dangerous driving causing death of a man near Fort McMurray, Alta.
Const. Michelle Phillips was also found not guilty of dangerous driving causing bodily harm of another man.
Court heard that Tracy Janvier, who was 41, was struck by a vehicle on Aug. 21, 2016, while walking along a remote highway in the dark.
A man who was a passenger in the truck that struck Janvier got out of the vehicle and made a 911 call.
Phillips was responding to that call in her police truck when she ran over Janvier, who was laying in the road, and struck the hand of the other man.
Justice John McCarthy of Court of Queen's Bench says he was unable to determine beyond a reasonable doubt that Phillips' actions were a contributing cause of Janvier's death.
"I find that the Crown has failed to establish that the accused caused Mr. Janvier's death, either in fact or in law," McCarthy said Friday.
"Rather, this is one of the rarest cases where the court is unable to determine on the evidence before it, whether the deceased was in fact alive at the time of the alleged prohibited act."
McCarty said Phillips made a mistake by hitting the other man's hand with her truck, but not to the degree required to have legal consequences.