No charges to be laid in bus crash that left 17 dead near Carberry, Man.
Blind spots may have played a factor in obscuring view of oncoming semi, says Crown prosecutor
No charges will be laid in the bus crash last year near Carberry — the deadliest in Manitoba history — for a variety of reasons, including a brain injury suffered by the bus driver and blind spots that may have obscured views of the oncoming semi-trailer truck.
RCMP Supt. Rob Lasson said following a complex investigation that was very difficult for loved ones of the 17 people who died, Crown prosecutors reviewed the evidence and recommended against pursuing charges.
"This tragedy severely rocked all of Manitoba and had a profound effect on all of us," Lasson said at a Wednesday news conference in Winnipeg.
"We hope to provide the 'why' of what happened … but in this case, we cannot say why the bus proceeded into the intersection that day when it was unsafe to do so."
RCMP and Crown attorney Chris Vanderhooft visited family members in Dauphin Tuesday to notify them of the news before the public announcement, Lasson said.
"It is apparent from all of the evidence that the driver, due to the blind spots in that vehicle and when he may have looked in that direction, did not see the semi truck travelling eastbound," Vanderhooft said.
"He did not hit the brakes, nor did he speed up to avoid the oncoming semi truck."
Vanderhooft said the driver was licensed to drive the bus and had no alcohol or drugs in his system.
He suffered a major brain injury and, despite undergoing rehabilitation, remains unable to care for himself, Vanderhooft said.
"He is not in the position to make his own decisions with regards to his personal care or finances, and his condition is unlikely to improve," he said.
On June 15, 2023, a bus carrying 25 people — most of them seniors from Dauphin, Man., and the surrounding area — headed to a casino near Carberry for a day trip. It was hit by a semi, which had the right of way, at the intersection of Highway 5 and the Trans-Canada Highway, just north of Carberry.
It was the deadliest bus crash in Manitoba history, killing 17 people and leaving eight others seriously injured.
All of the evidence investigators would usually pursue in such a case was not available, Lasson said.
Investigators have been unable to interview the bus driver and don't anticipate that will change, he said.
"We do not have the driver's account about what happened that day to help us understand his reasoning or actions proceeding into the intersection," he said.
"This was a very tragic collision, and it happened because of a choice made by the bus driver. However, we cannot prove that that choice that day was the result of anything criminal."
A review of the bus driver's cellphone confirmed there were no calls or texts going out or coming in at the time of the collision, Lasson said. However, the semi-trailer truck dashcam showed the bus "proceeded when it was unsafe."
The evidence also suggested that though "blind spots would be a significant issue in this case," that wasn't necessarily wholly responsible for the collision either, Lasson said.
The complex investigation included talking to survivors, analyzing vehicles and securing forensic reports, RCMP said at a news conference earlier this month.
The charges being considered were dangerous operation of a motor vehicle causing death and dangerous operation of a motor vehicle causing bodily harm. RCMP submitted those charges to prosecutors for their review on Jan. 3 this year.
On Wednesday, Vanderhooft focused on the role blind spots played in potentially obscuring the bus driver's view of the oncoming semi.
He said in light of the blind spots, and because investigators were unable to interview the bus driver, the prosecution advised against laying criminal charges against the driver due to the unlikelihood of a conviction were the matter to proceed to trial.
Vanderhooft said that in order for the Crown to pursue charges in court, lawyers would have to show that the bus driver's actions "were a marked departure from the standard of a reasonable person in similar circumstances."
He said "momentary inattention" doesn't equate to dangerous driving.
"The Crown would not be able to prove that the momentary inattention of the bus driver or failure to see the semi truck, combined with the blind spots in the vehicle, constituted a marked departure from the standard of care of a reasonable bus driver in these circumstances," Vanderhooft said.
Staff Sgt. Sean Grunewald said RCMP feel families understood the situation after the meeting on Tuesday.
"Even though some may not agree, and that's OK, I believe that they feel that we put every ounce in to give them the answers that they were looking for," he said.
Chantel Uhrich, a niece of Frank and Rose Perzylo, who were among those killed, said there wasn't likely to be a "good result" regardless of the decision prosecutors reached, because at the end of the day, 17 people are still gone.
But Uhrich also feels that if there's something blocking your view as a driver, it's still your responsibility to make sure the coast is clear.
"I think that if it was you or I that was in the same situation, and we proceeded into an intersection and we got into a car accident, I believe that there would be charges," she said.
"I'm very conflicted about it, because I understand that the driver, he's incapable of making decisions and he needs assisted care and he's got brain damage," said Uhrich.
"But at the same time, there were 17 people that were killed because of negligence."
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With files from Josh Crabb and Caitlyn Gowriluk