Canadian Lawyer

12 J a n u a r y 2 0 1 5 w w w . C a n a D I a n L a w y e r m a g . c o m \ at L a n t I C \ C E n t r a L \ w E s t rEgIonaL wrap-up a dolescent drivers are the leading cause of fatality and severe injury acci- dents in B.C. and the tragic fallout from this high-risk group prompted Kelowna personal injury lawyer Paul Mitchell, a partner with Pushor Mitchell, to offer a free, downloadable teen and parent car use agree- ment. "As a personal injury lawyer over the years I have seen so many horrific accidents involving young people," said Mitchell. The response to the contract has been positive. Mitchell said one representative from a local financial institution downloaded the document and sent it to his counterparts across Canada. "It is really a template," said Mitchell of the seven-page document setting out terms and conditions plus penalties and earned merits for a new driver. Mitchell originally got the idea 17 years ago when his own son started driving. He realized the risks that parents face when lending a family vehicle to a teenag- er. In B.C., a parent's insurance can be voided if the child is found to be using alcohol or drugs while involved in an accident; the vehicle's owners are then personally liable for any injury or property damage claims. "We had agreed to lend him some money to buy his own vehicle," said Mitchell, but wanted a mechanism that would impart to his teenage son the seriousness of vehicle ownership and driving. "I created from scratch a one-page document," which set out terms and conditions. Recently, he updated it and offered it to all parents. The agreement goes over a range of situations based on Mitchell's experience in litigating injury accidents over the years. While drugs and alcohol are known causes of accidents, it also covers cell- phone use. Parents need to sit down and talk with a teenage driver to reach an agree- ment on how phones will be handled and the appropriate penalty for failing to com- ply. In October, B.C. Justice Minister Suzanne Anton announced tougher distracted driving penalties with higher fines. The contract comes with blank spaces where a teen and parent can enter a penalty for misuse of the vehicle. However, in the portion that relates to substance abuse, Mitchell recommends a blanket six-month suspension of all driving privile- ges. As well, the contract sets out the responsibility of the driver to pay all fines such as parking and speeding tickets. It tackles drinking and driving as well. If kids call, the parents agree to pick up or arrange for a taxi, without asking embarrassing questions in front of friends. It also touches on getting into another vehicle with a driver who is impaired. "They may be reluctant to say, 'stop the car and let me out,'" he said, but underscoring this kind of behaviour can earn demerits against a son or daughter's car privilege can provide that needed impetus. The contract does have carrots, not only sticks. A clean driving record and com- plying with all the rules can earn some payment of gas or insurance. "Or, if the driver gets high [school] marks, then mum and dad can think about helping with gas — it's food for thought but doesn't have to be as written," he said. — Jean sorensen jean_sorensen@telus.net kelowna lawYer offers free Young drivers conTracT conduct and become a useful addition to their arsenal of information-gathering tools. According to Calgary's deputy police chief, Trevor Daroux, during the experimental trial period, the cameras produced 2,700 videos and contributed to 32 criminal cases. "This allows us to provide more evidence than in the past." He also points out that the pilot proj- ect "helped de-escalate confrontations" when people realized the cameras were on. Questioned about body cameras by Calgary's police commission, police chief Rick Hanson referencing recent high-pro- file cases said, "I don't think there's any way to avoid this." In a special report on the 2013 Toronto police shooting of Sammy Yatim on a streetcar, former Supreme Court justice Frank Iacobucci recommended Toronto officers be equipped with body cameras. The target should be, he told reporters, "zero deaths when police interact with a member of the public." While a grand jury has decided not to go forward with the prosecution of a police officer who shot an unarmed teen in Ferguson, Missouri last summer, a body camera would have settled the debate over whether Michael Brown's arms were raised when he was killed. Police denied the allegation and the prosecutor in the case said witness testimony was conflicting on exactly where his hands were or if he was charging the officer when the final shot hit him in the head. Video footage would have decided the debate and probably resulted in a lot less violence after the fact. Alberta's government-appointed Information and Privacy Commissioner Jill Clayton has expressed reservations about how the information collected by the cop cams will be stored and accessed. Prior to the full roll out of the cameras, she was raising questions about how the Calgary Police Service "is collecting, using, and disclosing personal informa- tion and how [the police service] will ful- fill its access to information obligations." — geoff ellwand writerlaw@gmail.com Defence bar con icted over body cams on cops continued from page 11 paul Mitchell

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