The Manitoba Prosecution Service (MPS) has decided not to pursue charges against the driver involved in the June 15, 2023, bus collision that claimed the lives of 17 people.
The incident, which occurred at the intersection of Highway 5 and Highway 1 near Carberry, Man., involved a Quality Care Transit bus and an oncoming semi-truck.
On the day of the accident, the bus, driven by its 61-year-old owner, stopped at a stop sign before crossing the westbound lanes of Highway 1. The bus then proceeded through the median and into the path of the eastbound semi-truck. Despite the truck driver’s efforts to avoid the collision, he was unable to do so, resulting in a catastrophic impact.
Police investigation
The investigation, conducted by the Royal Canadian Mounted Police (RCMP) and supported by Transport Canada, focused on the sequence of events leading up to the crash. Dash cam footage from the semi-truck confirmed the bus driver’s failure to see the oncoming vehicle due to multiple blind spots in the bus’s design.
Additionally, there were no mechanical defects found in the bus, and the driver’s phone was not in use at the time of the accident.
Two-part test from MPS
The MPS, guided by its charge assessment protocol, evaluates cases using a two-part test: whether there is a reasonable likelihood of conviction and whether the public interest requires a prosecution. In this case, the evidence did not support a reasonable likelihood of conviction for dangerous operation of a motor vehicle causing death or bodily harm.
The Crown would have had to prove that the bus driver’s actions constituted a marked departure from the standard of a reasonable person in similar circumstances, which the evidence did not indicate.
Further complicating the matter, the bus driver suffered a major brain injury in the collision, rendering him unable to care for himself or participate in his defense. Medical records confirmed his severe cognitive impairments and ongoing need for assisted living.
Given these factors, the MPS concluded that pursuing charges was not in the public interest. While acknowledging the profound impact on the victims’ families, the Crown determined that the circumstances did not warrant criminal prosecution.
The decision underscores the complexities involved in prosecuting cases where tragic accidents result from momentary lapses rather than egregious conduct. The MPS’s comprehensive review reflects its commitment to balancing legal standards with societal values in determining the appropriateness of criminal charges.
