CORNER BROOK, N.L. — Neila Blanchard looked almost in shock as she stood to leave a Corner Brook courtroom last Friday morning.
Only moments before, Supreme Court of Newfoundland and Labrador Justice Valerie Marshall acquitted the Parson’s Pond woman of dangerous driving causing the death of 17-year-old Justin Hynes in Cow Head on Sept. 11, 2017.
The teen was walking to school when he was struck and killed by the vehicle Blanchard was driving.
Marshall said, although the Crown had established beyond a reasonable doubt that Blanchard was the driver, it did not establish the same for the criminal mindset element required to prove the offence.
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“The accused’s manner of driving was dangerous to the public in the circumstances,” said Marshall, reading the conclusion of her 46-page written decision.
But she said the evidence did not establish that Blanchard’s driving was a marked departure from the standard of care that a reasonable person would have observed in the circumstances.
“There is no doubt that the collision caused the tragic death of young Justin Hynes,” she said.
However, in accordance with the Supreme Court of Canada’s direction in R. v. Beatty and R. v. Roy, consequences do not determine whether the offence was committed, she said.
The elements of the offence must be proven beyond a reasonable doubt by the Crown, she said, and in this matter the fault element had not been proven beyond a reasonable doubt.
“The accused’s manner of driving was a departure from the norm, but it was not proven to be a marked departure from the norm.”
Shortly after Blanchard left the courtroom, her lawyer, Jim Bennett, said he did not know how Marshall’s decision was going to go.
He said there was a lot of evidence tendered by the Crown.
“But the quantity of evidence doesn’t necessarily mean quality of evidence.”
Bennett said, just because a lot of witnesses were called doesn’t mean it’s a stronger case or meet the requirements for a conviction defined by the Criminal Code.
“It requires a marked departure from ordinary driving, ordinary even negligent driving, some could be careless driving. But the dangerous driving standard is a very high standard and it also would bring severe consequences,” he said.
Crown attorney Trina Simms declined to comment on the decision or if the Crown would appeal it. She said she had to review the written decision.
“There’s no disputing that it was a tragic traffic accident and Justin Hynes was killed,” said Bennett.
“There’s no winners here today,” he said. “Sometimes it’s just an accident.
“The weight of having killed that young man, that won’t go away.” - defence lawyer Jim Bennett
“Neila Blanchard has this chapter in her life behind her, but she still bears a heavy burden that she has borne mentally and psychologically for causing the death of that young man.”
Bennett said it was a relief for Blanchard, who did not wish to comment herself, to have it done.
“She hasn’t worked since then, she hasn’t driven a vehicle since then and I would be surprised if she works or drives again.
Still only in her 50s, Bennett said, it’s a heavy burden that she has upon her as a result of this driving accident.
“The weight of having killed that young man, that won’t go away.”
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Neila Blanchard acquitted of dangerous driving causing death of Northern Peninsula teen
Neila Blanchard has been acquitted of dangerous driving causing the death of Justin Hynes in Cow Head the morning of Sept. 11, 2017.
Justice Valerie Marshall of the Supreme Court of Newfoundland and Labrador rendered the verdict in Corner Brook Friday morning.
The decision came after a little more than a month of deliberation by the judge, who presided over the trial held in Corner Brook in late October.
Marshall ruled that, although there is no doubt Blanchard was driving the car that struck and fatally injured the 17-year-old boy and that her driving was dangerous, the Crown had failed to prove beyond a reasonable doubt her driving represented a marked departure from the standard of care that a reasonable person would have observed in the circumstances.
In her decision, Marshall noted that the consequences, despite being tragic in this case, do not determine whether the offence was committed.
"In this matter, the fault element was not proven beyond a reasonable doubt," Marshall said in her written decision. "The accused’s manner of driving was a departure from the norm; but it was not proven to be a marked departure from the norm."
