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Emma Czornobaj is appealing her conviction on two charges of both criminal negligence causing death and dangerous driving causing death.
Czornobaj was found guilty on all counts in June in connection with a 2010 incident that saw her stop her car in the passing lane of a South Shore highway to move a group of ducklings away from the road.
A motorcyclist and his daughter slammed into the back of Czornobaj’s stopped car and were killed.
The appeal, filed by Jean-François Bouveret, hinges on the idea that Czornobaj did not act with criminal intent at the time of the fatal collision. In documents filed to the Quebec Court of Appeals, Bouveret claims the judge erred by not instructing the jury to take the intent of Czornobaj’s actions into account.
Before the trial, Czornobaj’s lawyer tried to strike a plea bargain deal which would have seen the young woman serve a suspended sentence. But Crown prosecutors insisted Czornobaj be punished for the crash that took the lives of 50-year-old André Roy and his teenage daughter, Jessie.
In an interview she gave to CBC Montreal after the conviction, a tearful Czornobaj apologized to the victims’ family and said the prospect of going to prison terrified her.
Reversing the verdict, which also found Czornobaj guilty on two counts of dangerous driving causing death, would not be unprecedented.
A court date for Czornobaj’s appeal has been scheduled for Aug. 20. Sentencing arguments will proceed as scheduled on Aug. 8.
Agencies/Canadajournal
