“I’m not satisfied that the driving behavior here is a marked departure from the standard of driving care that a sane person would do,” said Justice Riley. “When I came to this conclusion, my guess is that the consequences of the collision were tragic, one young woman lost her life and another was seriously injured.”

Grieve-Guenther was driving up the Alaska Highway on June 15, 2018 when her Honda Civic collided at the intersection with a southbound Ford pickup truck that was pulling off 271 Road. The victim, a 19-year-old woman and a Honda passenger, was hospitalized and later died of her injuries. Other affected passengers were treated for non-life threatening injuries.

The court heard that the data of the crash were being scrutinized by RCMP to investigate the circumstances, which confirmed that Grieve-Gunthers Honda was the cause.

Both vehicles pulled into the intersection when the lights changed and were within the 90-kilometer speed limit. The court heard that both drivers had been drinking before the accident, but not enough to be considered impaired by either party.

Grieve-Guenther admitted changing the songs on her car’s stereo, which took her off the road. Other environmental factors were also taken into account, including sun glare, which affected Grieve-Günther’s vision, and she had her sun visor pulled down to reduce the glare.

Justice Riley said this does not absolve Grieve-Guenther from responsibility, but also said she has no history of reckless driving.

“This is not a case where there is a clear pattern of bad driving in the pre-collision timeframe,” said Justice Riley. “There is no evidence from witnesses sitting in Ms. Grieve-Guenther’s car about any pattern of bad driving. There is also no such evidence from the occupants of the truck or anyone else on the street. “