A woman who sped through a Nanaimo construction zone at night and struck three workers, killing one, has been found guilty of dangerous driving causing death and dangerous driving causing bodily harm.
Christanne Marie Boufford was driving southbound on the Trans-Canada Highway around 11:30 p.m. on Sept. 23, 2021, when she approached a construction zone near the intersection of Kipp Road. The southbound slow lane was closed for paving, leaving one lane open for travel. The speed limit in the work zone was 60 kilometres an hour.
Boufford passed a pickup truck with flashing yellow lights and a flagger in a high-visibility vest waving a “slow” sign at about 80 km/h as she entered the construction zone, B.C. Supreme Court Justice Douglas Thompson said Wednesday when he handed down the guilty verdicts.
Many pieces of heavy construction equipment were on the road, as well as another flagger holding a “slow” sign and two other workers wearing reflective safety vests, Thompson said.
Boufford drove into the construction zone, struck a slow-moving vehicle in front of her and veered to the right into the three workers before hitting the rear end of a dump truck, he said.
Raymond Ferguson, 69, died at the scene, and a flagger was taken to hospital with fractured ribs.
Boufford’s lawyer had previously argued there was no evidence to prove the crash wasn’t “just a mistake” resulting from momentary carelessness.
Thompson rejected the argument, saying he had no hesitation concluding that Boufford was driving in a manner that was dangerous to the workers in the construction site, to other drivers and to herself.
“A reasonable driver would have taken the steps of travelling slowly and paying close attention, and these steps were obviously possible,” he said.
Thompson noted that the tragic outcome of Boufford’s actions does not automatically mean the driving was dangerous. Rather, it’s the risk of injury or damage created by the manner of driving that is relevant, he said.
“We all wish the accused had passed through that construction zone without incident, but if she had done so, she would nonetheless have been guilty of dangerous driving,” Thompson said.
The judge acknowledged that driving is an inherently dangerous activity, but one that is both legal and has social value. In order to find Boufford guilty, he had to determine that her driving was a marked departure from the standard of care a reasonable person would have exercised in the same circumstances, rather than mere carelessness.
Boufford initially faced four additional charges related to impaired driving, but a judge previously found that Boufford’s Charter rights were violated when she was detained by police shortly after the crash. As a result, evidence gathered by police during her detention was excluded.
Thompson found Boufford not guilty of the four counts related to impairment.
A sentencing date has not been set.
