Supporters propose changes to N.B. motor vehicle act to honour Brady Francis - Action News
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Indigenous

Supporters propose changes to N.B. motor vehicle act to honour Brady Francis

Friends and family of Brady Francis, a 22-year-oldmanwho diedin2018 after a hit-and-run collision, are proposing changes to make reporting vehicle collisions with wildlife mandatory in New Brunswick.

Petition for 'Brady's Bill' wants mandatory reporting of vehicle collisions with wildlife

Brady Francis was 22 when he was struck and killed in February 2018 while waiting for a drive on Saint-Charles South Road. (Facebook photo)

Friends and family of Brady Francis, a 22-year-oldmanwho diedin2018 after a hit-and-run collision, are proposing changes to make reporting vehicle collisions with wildlife mandatory in New Brunswick.

They are calling the proposal "Brady's Bill."

Francis, from Elsipogtog First Nation, N.B.,wason the shoulder of Saint-Charles SudRoadwhen he was struck and killed by a vehicle thatfled the scene.

Maurice Johnson, 57, from Saint-Charles, N.B., was charged with failing to stop at the scene of an accident that caused a person's death. Johnson was found not guilty last week.

Johnson maintained he hit a deer the night Francis died on the roadside. The judge said the prosecution was not able to prove beyond a reasonable doubt that Johnson struck Francis or that Johnson left the scene knowing he had struck a person.

An online petition for changes to the province's Motor Vehicle Act started by Sharona Levi, a member ofElsipogtogFirst Nation anda friend of Francis, has received over 4,600 signatures.

"I started [the petition] so I could take that defence out of the courtroom," said Levi.

'When I read the judge herself cited that [Maurice Johnson] felt like he thought he hit a deer ... I said well, that's not right,' said Sharona Levi, who started the petition to change the N.B. motor vehicle act. (Submitted by Sharona Levi)

Levi said she was concerned when she learned from law enforcement that reporting a collision with wildlife isn't required under the provincial Motor Vehicle Act.

It's also a matter of road safety, Levi said. If the driver carries on without knowing what was hit and not informing authorities, leaving the wildlife in the road could cause another collision, she said.

Levisaid that by amending a law that should be observed by all drivers, she hopes to help removepotential for racial bias in the justice system.

'We must do more'

Levi said she found similarities in Johnson's trial to other court casesacross Canada involving the deaths of Indigenous people where Indigenous communities have pointed out racism in the justice system.

"[Johnson's trial] really opened my eyes up to that aspect you start to realize that it is sometimes a racial issue. I want to try totake that element out," said Levi.

"I don't know if you'd call it justice in the end ... but it'd be something to honour his death by."

What each side had to say about Maurice Johnson being found innocent of Brady Francis's death

4 years ago
Duration 3:20
Elsipogtog First Nation Chief Aaron Sock and defence lawyer Gilles Lemieux share their thoughts after Maurice Johnson is acquitted at his trial in the hit-and-run death of Brady Francis

Levi reached out to Mi'kmaw Liberal MP Jaime Battiste, who is from Eskasoni First Nation in N.S., and Liberal MP Pat Finnigan, whose constituency includes Elsipogtog First Nation, to ask advice on making the proposal.

Battiste said that while amending the Motor Vehicle Act would be under provincial jurisdiction, he and Finnigan thought the proposal was "a really proactive and good idea," that they're willing to explore.

"We must do more to ensure that Indigenous people can have confidence in the justice system,"Battiste said.

"We need to address the history of racial disparities in the application of criminal laws in Canada"

Battiste said he was aware of conversations between provincial and federal departments about the proposal for Brady's Bill, and that in the future, he hopes the justice system will include more Indigenous lawyers, judges and law enforcement officers to mitigate issues of racial prejudice.

'Tremendous' support

Brady Francis' mother, Jessica Perley, called the tribute to her son "overwhelming," and said her family is thankful to supporters from across Canada.

"[Brady's death] really affected a lot of First Nations close by, and as things progressed in the justice system, it started to reach out further," Perley said.

"The support has been tremendous."

Jessica Perley and Dana Francis, parents of the late Brady Francis, both testified at the trial of Maurice Johnson, the man accused in his hit-and-run death. (Maeve McFadden/CBC)

Perley said the topic of racial prejudice in the justice system was common in conversations she had during Johnson's trial, but that she hoped it would not become a factor in the court's decision.

"I was trying so hard to not see it like that.I wanted to have hope and faith thatwe're all equal," she said.

"It's 2020. It should be different."

In the future, Perley said, she's hoping to connect with Colten Boushie's family, to widen the conversation and raise awareness about racial injustice in Canada.

"Maybe, eventually, something bigger is going to happen," she said.

"Maybe this is the reason for my son's life what he was meant to do. I don't want his death to be in vain, and this is something people need to know about."