In a decision that has reignited debate over Canada’s criminal traffic laws, the Supreme Court of Canada announced Thursday it will not order a new trial for a Vancouver motorist previously acquitted of dangerous driving in the 2021 death of a 23-month-old toddler.
The high court’s ruling ends a legal battle that began three years ago when Michael Tan’s vehicle struck and killed Ocean Chen as the toddler’s mother was pushing him in a stroller through a marked crosswalk in Vancouver’s Kitsilano neighborhood.
“This case represents the incredibly difficult balance our justice system must strike between tragedy and legal culpability,” said criminal defense attorney Melissa Greenberg, who was not involved in the case but has handled similar matters. “The Supreme Court’s decision reinforces that not every tragic accident, even those with devastating consequences, constitutes criminal behavior.”
Tan was initially charged with dangerous driving causing death, but was acquitted in 2023 when the trial judge ruled his actions, while negligent, did not meet the higher threshold of criminal negligence required for a dangerous driving conviction under the Criminal Code. Prosecutors had argued Tan was distracted by his phone and failed to properly scan the intersection before proceeding.
The British Columbia Court of Appeal upheld the acquittal last year, prompting the Crown’s appeal to the Supreme Court, which has now declined to intervene, effectively finalizing Tan’s acquittal.
Legal experts note the case highlights the distinction between civil negligence and criminal dangerous driving. Under Canadian law, dangerous driving requires proof of a “marked departure” from the standard of care expected of a reasonable driver, not merely a momentary lapse in attention.
“The courts have consistently recognized that the criminal law is reserved for conduct that represents a significant deviation from normal driving behavior,” explained Dr. Simon Fraser, professor of law at the University of Toronto. “Civil remedies remain available to families in these tragic situations, even when criminal liability is not established.”
The decision has prompted calls from road safety advocates for legislative reform. Vision Zero Canada, an organization dedicated to eliminating traffic fatalities, has urged Parliament to consider creating intermediate offenses that would bridge the gap between provincial traffic violations and criminal dangerous driving.
“There’s currently too wide a gap between a traffic ticket and a criminal conviction,” said Elaine Wong, Vision Zero’s British Columbia coordinator. “When a life is lost, particularly a child’s, families deserve more than an acquittal and a traffic citation.”
The Chen family may still pursue civil action against Tan, though their legal representatives declined to comment on future proceedings. Civil cases operate under a lower “balance of probabilities” standard rather than the criminal requirement of proof beyond reasonable doubt.
As communities across Canada continue implementing pedestrian safety measures, this case prompts a difficult question: Has our legal system created too high a bar for holding drivers accountable when their actions result in tragedy, or is it appropriately reserving criminal sanctions for truly blameworthy conduct?
