I remember when this story broke, a lot of people (on Reddit) were blaming the e-scooter rider for being on the sidewalk. But that doesn’t mean the driver wasn’t at fault.
I’m glad that the driver was charged, but “fail to yield from driveway” seems like a very light charge, considering it resulted in someone’s death. Sounds like involuntary manslaughter may be been more appropriate, at the very least.
Not a lawyer but, neither of these seem to apply to be involuntary manslaughter
"The criminal code in Canada has categorized involuntary manslaughter into two types:
Unlawful Act- This is when a person commits a dangerous crime that has the possibility of harming another person or results in another person’s death.
Criminal negligence- When a person’s death occurs due to the accused’s irresponsibility or failure to fulfill responsibility towards others. The accused must have shown a ‘wanton or reckless disregard for others’ lives.’"
Seems like both could apply.
The driver committed an unlawful act (failure to yield), and was “irresponsible or failure to fulfill responsibility towards others.” by not driving safely around people.
Either way, the charge given completely devalues the life of the victim by making it seem like a simple traffic infraction and not one that resulted in a loss of life.