ACQUITTAL - REFUSAL IN CAUSING DEATH CASE

In a 189 paragraph long judgment (R. v. Jensen, 2020 ABQB 237), which was preceded by a 98 paragraph long voir dire ruling (R. v. Jensen, 2020 ABQB 5), Mr. Jensen was found not guilty of both dangerous driving causing death and refusing to comply with a demand to provide a sample of his breath at a time when he knew or ought to have known that his operation of a motor vehicle caused an accident that resulted in the death of another person: Austin MacDougall, a member of the RCMP stationed in Edson, Alberta, died in a tragic accident on July 5, 2017.  Cst. MacDougall was off duty at the time of his death.  An avid cyclist, he was riding his racing bicycle on the shoulder of Highway 16 just west of the town limits of Edson at about 8:50 p.m. that evening, when a Dodge pickup truck drove onto the shoulder and collided with him and his bicycle.  Cst. MacDougall was thrown into the ditch.  He died immediately.