Jeanette Niganobe faces charge of operating vehicle while disqualified

[Roll The Bones]

http://www.saultstar.com/ArticleDisplay.aspx?e=3593339

Jeanette Niganobe, the impaired driver who killed a Sault Ste. Marie police officer six years ago, will be in court later this month to face a driving-related charge.

The 35-year-old woman is charged with operating a motor vehicle while disqualified.

The charge stems from a May 24 incident at Garden River First Nation where she was discovered riding an electric bicycle.

She is scheduled to make her first court appearance on the charge on July 30.

Niganobe was convicted of impaired driving causing death and bodily harm in connection with the May 14, 2006 collision that killed Const. Don Doucet and injured his partner.

The van she was driving broadsided a city police cruiser at the intersection of McNabb Street and Black Road after running a red light.

Doucet, 41, died from chest and heart injuries.

He was the first city police officer to lose his life in the line of duty in the Sault Ste. Marie Police Service's then 150-year history.

In October 2008, Niganobe was sentenced to five years in prison for causing the 12-year constable's death and prohibited from driving for 15 years.

She was given credit for 21 months pre-sentence custody, leaving her with three years and three months to serve.

Niganobe was granted statutory release from prison on Jan. 4, 2011.

[IMHO]

Lets not start this up all over again. She got caught,,,,will be held accountable in a court of law and thats all it is of anyones business. She complied with the sentence on the other charge ...that should be it !!! Perhpas she thought the ban only applied to MOTOR CARS...not bikes. The courts will do their job I am sure.

[SSMP]

I thought that you didn't need a license to ride an e-bike.

[cheeky]

I thought that you didn't need a license to ride an e-bike.

You don't, however...from the MTO website

"14. If my driver’s licence has been suspended, can I legally operate an e-bike?
It depends on the particular circumstances that lead to the licence suspension. If you have a driving prohibition order related to a conviction under the Criminal Code of Canada, you cannot legally operate an e-bike. If your driver's licence has been suspended under other circumstances, it is recommended that you discuss your situation with a licensed legal practitioner before deciding to operate an e-bike."

[IMHO]

Well...that is a pretty vague ruling.

[Roll The Bones]

Lets not start this up all over again. She got caught,,,,will be held accountable in a court of law and thats all it is of anyones business. She complied with the sentence on the other charge ...that should be it !!! Perhpas she thought the ban only applied to MOTOR CARS...not bikes. The courts will do their job I am sure.

i wish i shared your outlook but i don't, as i believe our courts lack common sense

as for a vague ruling re MTO - there's nothing vague about it... in fact, it's crystal clear... if your licence is gone because of a CCC conviction, then you can't operate an e-bike... she was so convicted... end of story!

[Craig Huckerby]

I can see this being thrown out. Electric bikes, like scooters are not classified as a motorized vehicle and do not require a driver's license.

[puppy]

You don't, however...from the MTO website

"14. If my driver’s licence has been suspended, can I legally operate an e-bike?
It depends on the particular circumstances that lead to the licence suspension. If you have a driving prohibition order related to a conviction under the Criminal Code of Canada, you cannot legally operate an e-bike. If your driver's licence has been suspended under other circumstances, it is recommended that you discuss your situation with a licensed legal practitioner before deciding to operate an e-bike."

To Craig-If you read properly u will see if u are under a driving prohibition under the criminal code you cannot operate an e-bike or an electric bicycle both the same thing...she was convicted under the criminal code of canada so therefore she cannot legally operate this kind of bike and she was under the prohibition for 15 years so she is still under it to this day

[puppy]

http://laws-lois.justice.gc.ca/eng/a...-116.html#h-82

here is right from the criminal code of canada...

here is the actual link to her charges in 2008: http://laws-lois.justice.gc.ca/Searc...nt3ntTyp3=Acts

[Barry Morris]

Is a bicycle a vehicle?? Would she have been stopped on a bicycle? Suppose she hit somebody while on the bicycle??

Interesting that the e-bikes were barely on the horizon when she was convicted, certainly not seen up here.

[CANVIK]

Under the Criminal Code you can get charges for driving any vehicle that is motorized anywhere for impaired or other criminal driving offences like Drive Disqualified or Dangerous Driving. E-Bike has a motor and it's a vehicle, riding lawnmower etc falls in the same category when used as a vehicle. People do try to drive to work on farm tractors and lawn mowers when disqualified.

Provincial Law has more defined rules for vehicles which is why there are different acts for charges for Off Road Vehicles, Motorized Snow Vehicles etc.

A person charged with impaired loses there licence for 90 days under provincial law which is a Licence Suspension only, which is why a person newly charged can ride an e-bike, pay to get there licence back after the 90 days then if convicted in Criminal Court which could be years after the offence, lose there licence under the Criminal Code which then means no e-bike ect. as they are then Disqualified.

[Anapeg]

I can see this being thrown out. Electric bikes, like scooters are not classified as a motorized vehicle and do not require a driver's license.

There in lay the semantics. How does the thing move if not through the addition of a "motor"? In point of fact it is an electric motor that motivates the contraption and there is no straight thinking person who would see it otherwise.

[Anapeg]

Is a bicycle a vehicle?? Would she have been stopped on a bicycle? Suppose she hit somebody while on the bicycle??

Interesting that the e-bikes were barely on the horizon when she was convicted, certainly not seen up here.

Does a bicycle traditionally have an engine or a motor? No! With the addition of a motor it immediately becomes motorized. Whether it be only as an assist it is still motorized. Anything that moves with the aid of a power source is motorized. I have not bothered to look but I am willing to bet Wiki backs me on this one.

[ssmarie]

A vehicle is a mobile machine that is designed or used to transport people or cargo. Most often vehicles are manufactured, such as bicycles, cars, motorcycles, trains, ships, boats and aircraft.

Land vehicles are classified broadly by what is used to apply steering and drive forces against the ground: wheeled, tracked, railed or skied. ISO 3833- 1977 is the standard, also internationally used in legislation, for road vehicles types, terms and definitions.

[velle]

Remember the DUI in the paddleboat? What a load!!

[nightingale]

Is a bicycle a vehicle?? Would she have been stopped on a bicycle? Suppose she hit somebody while on the bicycle??

Interesting that the e-bikes were barely on the horizon when she was convicted, certainly not seen up here.

Who cares what horizon or whether she was up here or down there when she was convicted. She is clearly a dangerous woman and she wasn't on a bicycle Soundbear, she was on an Ebike (why always play the "what if game?)

Stick with the facts. I hope she is charged, and taken off the road AGAIN!

[Barry Morris]

Who cares what horizon or whether she was up here or down there when she was convicted. She is clearly a dangerous woman and she wasn't on a bicycle Soundbear, she was on an Ebike (why always play the "what if game?)

Stick with the facts. I hope she is charged, and taken off the road AGAIN!

I merely have the perception that mob mentality makes a person pay forever for what the courts have already sentenced time for.

It's a common problem.

[tired-n-cranky]

I merely have the perception that mob mentality makes a person pay forever for what the courts have already sentenced time for.

It's a common problem.

And in this particular case, mob mentality is the only way she will ever receive proper justice for what she did. I hope she does pay forever.

[Barry Morris]

And in this particular case, mob mentality is the only way she will ever receive proper justice for what she did. I hope she does pay forever.

She will pay forever. But what you speak of isn't justice, it's revenge.

In my mind, the question is, What will a drunk do?? If the answer is Anything at all, then anyone who has ever been drunk could have been involved in a case of low inhibitions and bad timing.

Our civilization is only civilized if the courts are allowed to do justice.

[nightingale]

I really don't think it has anything to do with mob mentality. If she was told she is not to drive a motorized vehicle (I am not quoting) then she should not be driving a motorized vehicle.