Legal experts say criminal charges like those laid against a former bar server in connection with a drunk-driving crash that killed two Ottawa-area teens are rare and difficult to prove.
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.“There’s a lot of things that must be proven in a case like this for a Crown attorney to be successful,” he said.
Some in the community have voiced concerns about the charges and rallied behind Senack, suggesting she is being unfairly blamed for a tragic incident.
Because we do our job then we're not drunk when someone buys us a drink we keep the money and dump the liquor.
Luckily, I haven’t had many issues talking a drunk out of driving.
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