Blood-alcohol level evidence in a dangerous driving causing death trial has been deemed inadmissible by a B.C. Supreme Court judge in Nanaimo.
Christianne Marie Boufford was charged with dangerous driving causing death, dangerous driving causing bodily harm, impaired driving causing bodily harm and impaired driving causing death after she allegedly drove through a construction zone the night of Sept. 23, 2021, on the Trans-Canada Highway, south of Nanaimo. Hub City Paving worker Raymond Ferguson died in the incident and another worker was injured.
Jerry Steele and Dale Melville, Boufford's legal team, contend that their client's charter rights were violated in the investigation and sought to either have all evidence thrown out or have proceedings halted. A voir dire hearing was held and on Friday, April 4, justice Douglas Thompson ruled that while there were errors made by RCMP, the trial will continue.
Thompson found that Boufford's rights were violated at the scene and while she was in custody at the RCMP detachment, ruling that she had not been advised of her right to legal counsel. As such, a subsequent pat-down search was unreasonable and a demand for a breath sample at the police station was done under insufficient grounds.
"In my opinion, the justice system can only adequately disassociate itself from the charter-infringing police conduct, and thus protect its long-term reputations by excluding the evidence obtained from the time the accused was first detained," stated Thompson.
He said Boufford's treatment while detained was "part of the pattern of police conduct" that violated the woman's rights. However, that was not enough to justify a stay of proceedings, "even when considered in combination with the other trespasses on her charter-protected interests."
Thompson agreed with Crown counsel's assertion that the police officer was "somewhat [in] over his head," but breath sample errors were made due to lack of guidance and not meant to deceive.
The trial is scheduled to resume in B.C. Supreme Court in Nanaimo on July 28.
Boufford appeared in court via video, as did Melville and Steele.
Nick Barber, Crown counsel, had no comment.
