Canadian legal experts say people who host party parties in violation of public health directives that result in the death of someone infected with a communist virus disease should heed a warning from a B.C. judge that they will face manslaughter charges.
Lisa Dufremont, a professor at York University’s Osgoode Hall Law School, said the manslaughter charge stems from illegal acts that led to the death and foreseeable activities that could have caused physical harm. She said, “As the judge said, if it does result in someone’s death, it amounts to manslaughter.” District Court Judge Ellen Gordon ruled against Muhammad this week, sentencing him to one day in jail, a $5,000 fine and 18 months of probation. Muhammad has pleaded guilty to violating a court order, failing to comply with a health officer’s directive and illegally purchasing grain alcohol.
The court was told he held the party for 78 people in a penthouse apartment of about 165 square meters, a venue police described as a makeshift nightclub. The judge said the event was “a crime, not a party” and that those who attended were “stupid enough” to put their own health and that of their grandparents at risk. “If someone gets infected and dies at your party, in my opinion, you’re guilty of manslaughter.” “If someone gets infected at your party and passes it on to your grandmother, in my opinion, you’re guilty of manslaughter.” Muhammad apologized to the judge and the public for his “gross miscarriage of justice. In the months since, he said, he has been following strict public health directives, keeping his body at a distance and wearing a mask. “I learned my lesson the hard way,” he said.
Dufremont spoke of the possibility of being charged with manslaughter for blatantly disregarding provincial health directives. She explained:Â “When you do a dangerous act that violates the law, if that leads to someone’s death, that could be manslaughter.” There is no minimum sentence for manslaughter, but it can carry a life sentence. However, Isabel Grant, a professor at the Peter A. Allard School of Law at the University of British Columbia, urged caution when filing manslaughter charges. She said, “I think it’s technically possible for the prosecutor to bring a manslaughter charge, but I think it’s extremely unlikely.” It’s also “very difficult” to prove where a person contracted the virus. Grant said the use of criminal law may not be the best tool for managing public health emergencies. “We have pretty solid public health legislation, and we have something that we can use before we even think about putting people in jail for spreading disease.”
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