FAMILIES REACT TO CHARGES

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.

“Negligence is sort of a slippery concept, whereas dangerous driving has more traction to it, and I think they likely went with dangerous driving because presumably they have some facts underlying the charge.”

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

“Where you have a major intersection with a stop sign that apparently was assisted by a flashing red sign that sort of drew attention to it — when you have that sort of configuration at an intersection — yeah, dangerous driving charges are very much in play,” he said.

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 an 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 amount of public scrutiny and the toll the tragedy has taken on numerous families — at least some of whom will likely attend court proceedings.

“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 other court points 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?”