Winnipeg Free Press - PRINT EDITION

Fatal gun mishaps legally thorny

Charges to be thoroughly weighed

  • Print

It is considered a grey area of law, where the difference between a prosecution and a free pass is usually open to much interpretation and debate.

And that is why it will likely be some time -- perhaps even months -- before a decision is reached on whether a tragic Manitoba camping accident will end up in the courts.

Steinbach teen Jacob Russell Wright, 17, was shot and killed early Sunday when a fellow camper apparently mistook him for a bear outside their tent. The pair, along with two other friends, were camping at Namay Falls, near the mouth of the Bloodvein River about 250 kilometres north of Winnipeg.

No charges have been laid against the 22-year-old shooter, also from Steinbach. And both recent history and criminal law suggest this will be anything but an open-and-shut case.

RCMP say there is no suggestion this was a deliberate act, noting all of the campers were "very distraught" when police finally reached their location later Sunday.

That would mean the most likely charge would be one of criminal negligence. But to prove such an offence, one must show the accused is guilty of "a wanton or reckless disregard for the lives or safety of other persons" either through commission or omission of an act.

And that's where this case may get particularly thorny. If, as RCMP suggest, the person who pulled the trigger felt his safety was being immediately threatened by a bear, it may be tough to argue he broke the law as stated. Preservation of one's own life would be a fairly powerful -- and persuasive -- position to take if the case could be made by a defence lawyer.

Of course, the flip side of that is any trained hunter knows you shouldn't shoot what you can't see, for fear of this exact type of circumstance. That may ultimately prove to be the Crown's most logical entry point into a prosecution, saying blindly firing a deadly weapon is most definitely negligent behaviour.

RCMP Cpl. Line Karpish acknowledged the dichotomy in comments to the media on Monday.

"It is certainly a very sad reminder of the great responsibility that comes with handling firearms," she said of the fatal shooting. Karpish then admitted it's not that unusual for people to be mistaken for wildlife and shot accidentally.

"These people were out in the middle of nowhere, and there are bears out there and cougars. There may be other types of wildlife that may pose a threat," she said.

Justice sources told the Free Press on Tuesday many factors will be considered, including the age and experience of the campers, their specific setup in the woods and the frequency of wildlife in the area.

Even the views of the victim's grieving family would likely play a role, albeit not a definitive one. But there have been cases over the years where a family lobbied either for, or against, a charge. And those are difficult sentiments to overlook.

This file will most definitely run up the proverbial "chain of command" within the prosecutions branch, with multiple senior staffers being asked to use their experience to form an opinion about the likelihood of a conviction.

Such a review wouldn't occur until RCMP have completed all aspects of their probe, including detailed videotaped interviews with all the campers.

www.mikeoncrime.com

Republished from the Winnipeg Free Press print edition June 5, 2013 A4

History

Updated on Wednesday, June 5, 2013 at 7:32 AM CDT: adds sidebar

Fact Check

Fact Check

Have you found an error, or know of something we’ve missed in one of our stories?
Please use the form below and let us know.

* Required
  • Please post the headline of the story or the title of the video with the error.

  • Please post exactly what was wrong with the story.

  • Please indicate your source for the correct information.

  • Yes

    No

  • This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.

  • Cancel

Having problems with the form?

Contact Us Directly
  • Print

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is be a Winnipeg Free Press print or e-edition subscriber to join the conversation and give your feedback.

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is be a Winnipeg Free Press print or e-edition subscriber to join the conversation and give your feedback.

Have Your Say

New to commenting? Check out our Frequently Asked Questions.

Have Your Say

Comments are open to Winnipeg Free Press print or e-edition subscribers only. why?

Have Your Say

Comments are open to Winnipeg Free Press Subscribers only. why?

The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.

letters

Make text: Larger | Smaller

LATEST VIDEO

Lauren Bacall 'loved' working in Canada

View more like this

Photo Store Gallery

  • Marc Gallant / Winnipeg Free Press. Local- Deer in Canola field near Elma, Manitoba. 060706.
  • A baby Red Panda in her area at the Zoo. International Red Panda Day is Saturday September 15th and the Assiniboine Park Zoo will be celebrating in a big way! The Zoo is home to three red pandas - Rufus, Rouge and their cub who was born on June 30 of this year. The female cub has yet to be named and the Assiniboine Park Zoo is asking the community to help. September 14, 2012  BORIS MINKEVICH / WINNIPEG FREE PRESS

View More Gallery Photos

Poll

Do you agree with the mandatory helmet law for cyclists under 18?

View Results

Ads by Google