In a comparatively short session, the defence and prosecution made closing arguments in the Constable Michelle Phillips trial.
On Monday, Const. Phillips pleaded not guilty to dangerous driving causing death, and dangerous driving causing bodily harm.
The defence and Crown agreed the loss of 41-year-old Tracy Janvier was a tragic event, and there wouldn’t be a winning side in the case.
However, both disagree on whether the constable’s actions were a marked departure from the standard of care.
The defence says no partly because she was driving at high-speed to respond to a collision scene and provide aid.
On the other hand, the Crown argued Const. Phillips didn’t take the prudent steps to assess the situation.
She also admitted she was uncomfortable driving vehicles like the Chevy Silverado at high-speeds.
She was unaware of Tracy Janvier lying injured on the road and 74-year-old James Cardinal, who was aiding him, as she drove at nearly 155 km/h.
The Crown said despite the initial collision with Lucy Deltess’ truck and impact with the ground, Tracy Janvier was alive.
According to expert testimony from Dr Elizabeth Brooks-Lim, the massive internal injuries to his spine and vital organs possibly occurred in the collision with Phillips’ truck.
Cardinal spoke with Janvier and said he was moving during his 11-minute phone call with emergency services.
However, the defence argues there is no way to indicate which specific injuries Janvier had in each instance.
They also said Cardinal, who admitted to memory loss, gave unreliable testimony other witnesses contradicted.
Ultimately, the evidence must show if Const. Phillips made a significant departure from the expected level of care in driving the night of Aug. 21, 2016.
The arraignment
The justice from the Court of Queen’s Bench will render a decision, as this isn’t a jury trial.
The date of the arraignment is April 9, 2019.
