Judge upholds driving ban for woman who ran over toddler

Photo: Glacier Media

Prince George courthouse

A B.C. Supreme Court Justice has dismissed an appeal of a five-year driving prohibition issued to a woman who drove over a toddler in a Prince George parking lot.

On behalf of Barbara Joan Husband, 85, lawyer Dave Jenkins Sr. had contended during a hearing last week that, in part, that the term is "demonstrably unfit" and that a six-month prohibition is more appropriate.

Husband was issued the prohibition in February after she was found guilty of driving without due care and attention under the Motor Vehicle Act from a Dec. 19, 2018 incident.

During a trial on the matter, the court heard Husband was taking some kittens to the Ospika Animal Hospital when she reached a break in the median and turned left to get into the parking lot.

But instead of turning directly into the first entrance, she drove a further 50 feet and diagonally crossed two northbound lanes, forcing two oncoming drivers to brake hard to avoid a collision.

Husband continued at a slow but steady speed into the parking lot, where she saw a woman loading her baby son into a vehicle.

In a sentencing decision, Provincial Court Judge Susan Mengering found Husband was looking at the mother and son through her driver's side window rather than keeping an eye on where she was going and ran over the toddler, a 3 1/2-year-old girl, who was wearing a brightly coloured jacket.

Despite the left front tire of Husband's SUV going completely over the girl's pelvis, she escaped serious injury although she continued to suffer some pain and psychological trauma at the time of the trial.

In a pair of "bizarre" acts, Husband maintained the girl was fine even though she was screaming and then gave her one of the kittens to calm her down. 

Jenkins cited cases in which drivers were issued shorter prohibitions for more serious consequences. But in dismissing the appeal on Thursday, B.C. Supreme Court Justice Jennifer Power agreed with Crown prosecutor Marie Louise Ahrens that those cases involved momentary lapses of judgment "as opposed to a series of driving decisions, any one of which could have constituted the offence."

Power also agreed that Husband lacked insight and remorse. Ahrens had noted that while Husband said she felt "absolutely terrible" about what happened, she still denied responsibility despite witness testimony to the contrary.

"The reality is that many citizens of Ms. Husband's age voluntarily give up their driver's licence, even if they have not been involved in such a driving incident as in this case," Power said. "As noted by a provincial court judge, driving is a privilege not a right."