B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
A woman will get another chance to sue for damages over a leg injury she suffered while climbing through snow piled by a city's plow, the Supreme Court of Canada has ruled.
Taryn Joy Marchi alleged the City of Nelson, B.C., created a hazard when it cleared snow from downtown streets after a storm in early January 2015.
The removal effort left snow piles at the edge of the street along the sidewalk early in the morning of Jan. 5.
Late in the afternoon of Jan. 6, Marchi -- then a 28-year-old nurse -- parked in an angled spot on the street and, wearing running shoes with a good tread, tried to cross a snow pile to get on to the sidewalk.
Her right foot dropped through the snow and she fell forward, seriously injuring her leg.
Marchi contended the city should have left openings in the snowbank to allow safe passage to the sidewalk.
She pointed to the neighbouring municipalities of Castlegar, Rossland and Penticton in arguing there were preferable ways to clear the streets so as to ensure safe access for pedestrians.
However, the trial judge dismissed her case, saying the city was immune from liability because it made legitimate policy decisions about snow clearing based on the availability of personnel and resources.
In any event, the judge concluded, Marchi assumed the risk of crossing the snow pile and was "the author of her own misfortune."
The B.C. Court of Appeal overturned the decision and ordered a new trial, saying the judge erred in addressing the city's duty of care and the question of Marchi's negligence.
The ruling prompted the City of Nelson to seek a hearing in the Supreme Court.
In a written submission to the high court, the city said its actions amount to "a clear example of a core policy decision" that should be immune from liability.
In her filing with the court, Marchi said city employees made a number of operational decisions that fell below the expected standard of care of a municipality -- decisions not required by the written policy.
In its 7-0 ruling Thursday, the Supreme Court said a fresh trial should take place because the city has not proved that its decision on how to clear the snow was "a core policy decision" immune from liability.
While there is no suggestion the city made an irrational or "bad faith decision," the city's core policy defence fails and it owed Ms. Marchi a duty of care, justices Sheilah Martin and Andromache Karakatsanis wrote on behalf of the court.
"The regular principles of negligence law apply in determining whether the City breached the duty of care and, if so, whether it should be liable for Ms. Marchi's damages."
This report by The Canadian Press was first published Oct. 21, 2021.
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
An orca whale calf that has been stranded in a B.C. lagoon for weeks after her pregnant mother died swam out on her own early Friday morning.
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
Donald Trump's defence team attacked the credibility Friday of the prosecution's first witness in his hush money case, seeking to discredit testimony detailing a scheme between Trump and a tabloid to bury negative stories to protect the Republican's 2016 presidential campaign.
An American Airlines flight attendant was indicted Thursday after authorities said he tried to secretly record video of a 14-year-old girl using an airplane bathroom last September.
Devastating tornadoes tore across parts of eastern Nebraska and northeast Texas Friday as a multi-day severe thunderstorm event ramped up in the central United States.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
A property tax bill is perplexing a small townhouse community in Fergus, Ont.
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.
A former educational assistant is calling attention to the rising violence in Alberta's classrooms.
The federal government says its plan to increase taxes on capital gains is aimed at wealthy Canadians to achieve “tax fairness.”
At 6'8" and 350 pounds, there is nothing typical about UBC offensive lineman Giovanni Manu, who was born in Tonga and went to high school in Pitt Meadows.