Appeal dismissed in setting precedent for fatal impaired handling of a canoe case. Globalnews.ca

Ontario’s Supreme Court has dismissed an appeal Etobicoke The man was found guilty and sentenced to six years in prison for poor handling of a ship and criminal negligence that led to the death of his girlfriend’s eight-year-old son.

On April 7, 2017, David Silers was at a friend’s cottage on the Muskoka River in the town of Bracebridge and took his girlfriend’s son, Thomas Rancourt, canoeing on the river during the spring.

The water was cold and moving fast. Thomas did not know how to make a canoe and was a weak swimmer. Sealers and the child were pedaling towards High Falls to retrieve a piece of debris, which was against a yellow barrier warning of danger due to the fall and overturning of the canoe. An eight-year-old child was swept away by a fall and died.

Silers managed to swim to the shore. His blood alcohol content was 128 milligrams in 100 milliliters of blood, one and a half times the legal limit.

On June 27, 2019, Silers was replaced by Justice Peter C. West pleaded guilty and was sentenced to six years in prison on October 4, 2019.

In late May, Silers’ attorneys argued before the Ontario Court of Appeals that a canoe is not a vessel under the Criminal Code. They also argued that the sealers’ right of counsel was violated due to the failure of the police to advise about their right to counsel before an approved screening device (ASD) and no expert evidence about the standard of care. on which the punishment of the offender could be based on negligence. Silers also argued that the sentence is “manifestly inappropriate.”

The Court of Appeal concurred with the trial judge, who concluded that the canoe is a “vessel” under the Criminal Code. In their decision, Justices Mary Lou Benoto, Justices Bradley Miller and Justices Julie Thorburn wrote that “the act is intended to protect the public from the consequences of poor handling of transport on the water.”

“Damage poses a risk to passengers of a canoe, other watercraft, swimmers and first responders. Like licensed and motorized vehicles, unlicensed vehicles, non-muscle-powered ships and sailboats pose a risk of injury and death. are,” he said.

With regard to whether expert evidence was required to convict Silers of criminal negligence, the judges found that expert evidence was not necessary given the broader findings by the trial judge. These include the fact that the outside temperature on April 7, 2017 was between 3°C and 4°C. School buses were canceled due to mud and snow on the roads. The spring snow melt was in full force and the water level was high. The temperature in the Muskoka River was cold and cold.

Silers was cautioned by at least two men, who had experienced water conditions during the spring run-off, not to go canoeing because it was too dangerous. The life-jacket that Thomas was wearing was too short. Silers had consumed alcohol and had also consumed cannabis before the canoe trip. Thomas saw the appellant as a father figure and this relationship with Thomas made Thomas a duty of care for the appellant.

“The findings of the trial judge’s fact lead to the inevitable conclusion that the appellant’s action was a marked and substantial departure from the conduct of a reasonably prudent person and showed a callous and reckless disregard for the life and safety of Thomas – a child who Outstanding was the duty of care,” the appeals judges wrote.

The Court of Appeal agreed with the trial judge that the six-year sentence was appropriate, taking into account Silers’ long criminal record (including a prior penitentiary sentence) and the appellant’s role as Thomas’ father, who had killed him. put in a position of trust. and rights.

The appellate judges pointed out that censure and general detention are paramount punishment principles in motor vehicle cases, adding that it applies equally to ships.

“The fact that the vehicle here was a dinghy did not preclude the potential danger posed by impaired operation and criminal negligence in its operation,” the judges wrote, noting the seriousness of the offenses as high, As there was moral culpability of the appellant.

Sealers surrendered in custody on Tuesday morning and will begin serving his sentence. He has 60 days to file an application for leave to appeal in the Supreme Court. Silers’ attorney, Frank Addario, declined a request for comment on the appeals decision.

Thomas Rancourt’s family told Global News they were relieved.

“Justice for Thomas is what we wanted. I’m in shock, I’m trembling,” said Donna Pausnikoff, Thomas’s grandmother, who is still mourning the loss of her grandson.

“Dave Silers, I’m so glad he’s in jail. You have no idea. Even though I’m crying for Thomas,” Posnikoff said.