Ann Senack, 62, of Greater Madawaska Township, was charged in March with two counts each of criminal negligence causing death and criminal negligence causing bodily harm in a 2017 crash in Calabogie, Ont.
While bartenders and bars may face lawsuits related to serving drunk drivers, legal experts say they are not aware of a case in Ontario where someone has been found criminally responsible."To extend criminal liability in these circumstances is very, very uncommon," said Michael Lacy, a Toronto lawyer and the president of the Criminal Lawyers' Association.
Prosecutors would have to show a bartender knew the person they were serving was clearly underage, and knew the person was driving home and was impaired to such degree that it would be a danger to them and to others, he said. The Crown would also have to show a direct link between the alcohol served to the person and the injuries caused, he said.
"Those two things -- one being the higher standard for criminal negligence, and the higher burden of proof in a criminal case -- means that the viability of this type of prosecution is often minimal, which is why most of these cases are dealt with in the civil courts," said Brown, who is also not involved in the case.
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