A woman who stood trial after the death of a road crew worker on the highway south of Nanaimo has been found guilty of dangerous driving causing death, but not guilty of impaired driving.
Christianne Marie Boufford was charged with with dangerous driving causing death, dangerous driving causing bodily harm, impaired driving causing bodily harm and impaired driving causing death, after Raymond Ferguson was killed while working with Hub City Paving on the Trans-Canada Highway in the Minetown and Kipp roads area on Sept. 23, 2021.
On Wednesday, Aug. 13, in B.C. Supreme Court in Nanaimo, justice Douglas Thompson rendered his decision, finding Boufford was guilty of the first two charges and not guilty of the remaining counts.
In April, blood-alcohol-related evidence was deemed inadmissible after the court found the accused's charter rights had been violated by RCMP, including a failure to advise her of a right to an attorney and a request for a breath sample with insufficient grounds.
The incident occurred just before midnight, when Boufford drove her compact car into the construction zone in the southbound lane, striking a “glancing blow” on a classic car, then hitting Ferguson and two co-workers before colliding with the rear of a dump truck.
RCMP who arrived on scene described the driver's speech as slurred, but could not detect the scent of alcohol, the judge said.
Posted speed limit in the zone was 60 kilometres per hour, but onboard data from the car showed her going 79km/h while the brakes were being applied.
Witnesses who took the stand during trial included Katherine Toews, who was working with Ferguson. She testified that a co-worker radioed her about a car "coming in hot" and seeing a car clipping another. She was hit and suffered broken ribs.
Dwayne Carson, the driver of the classic car, also took the stand, testifying that there were was signage and safety columns on the highway, which was amply lit. He testified to being hit hard and seeing a vehicle speed past him.
Nick Barber, crown counsel, said inadmissibility of blood-alcohol evidence didn’t change the crown's strategy in arguing its case.
“There was no adjustment of the playbook, really,” he said. “The driving speaks for itself, in my opinion, but it was certainly an extra step that we had to deal with during the course of the trial.”
Boufford was represented by Dale Melville and Jerry Steele, who did not want to comment.
Wayne Smith, Ferguson’s cousin, said his cousin was a wonderful person who is missed.
“I talked to him, I think, two days before he got killed. He was so happy to be going home, he was finished the job,” said Smith. “To see how it affects his daughter … is heart-wrenching.”
A date for sentencing is expected to be determined on Oct. 14.
