Charges no surprise to veteran lawyer

Case likely to be difficult: expert

REGINA A decision to lay dangerous driving charges against the trucker who allegedly caused the Humboldt Broncos bus crash didn’t come as a surprise to some watching the case.

“It was either that or criminal negligence causing death, and I think they went with the charge that has more robust elements to it,” said veteran Regina lawyer Bob Hrycan.

One possibility some had wondered about in the past was a Traffic Safety Act ticket for driving without due care and attention.

Longtime collision reconstructionist Murray Klatt said investigators would have looked at a variety of elements in reaching a decision on charges. Factors such as driving behaviour, whether the individual was tired or distracted by something like cellphone use, braking and speeds frequently factor into investigations.

Some details might come from witnesses, while other evidence is found by examining items like airbag control modules or engine computers.

He noted there were no impaired driving charges, indicating drugs and alcohol weren’t a factor in the crash.

Hrycan said dangerous driving charges require proof an accused person drove “in a manner that exposes the driver or another member of the public to risk.” He added intent by the accused “to engage in a course of conduct which has the potential for threat or danger to members of the public,” must also be proven.

Consequences also play a role in assessing the amount of danger created by the behaviour.

“Here, the consequences were horrific,” Hrycan said.

He added the case is going to be tremendously difficult should it go to trial, given the heavy public scrutiny and the toll it’s taken on numerous families.

“You’re going to have people calling out for this individual to be convicted and receive the harshest penalty, and they’ll be speaking from a place of pain,” he said. “And I get that, but at the same time, every person charged with a serious offence has the right to have the charge assessed and analyzed in a court of law.”

While some major cases are moved to ensure a fair trial, Hrycan said there’s nowhere in Saskatchewan where this tragedy hasn’t had an impact.

“Where would you go?” he said. “Who in Saskatchewan doesn’t know about this?”