No charges will be laid in the bus crash last year near Carberry — the deadliest in Manitoba history — for a variety of reasons, including that blind spots may have obscured the bus driver’s view 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. “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.”
WATCH | RCMP explain why no charges will be laid in crash:
RCMP Supt. Rob Lasson says police do not think they’ll ever be able to speak to the bus driver in a tragic crash in June 2023 near Carberry, Man., that killed 17 people.
Vanderhooft said the driver of the bus suffered a major brain injury and despite undergoing rehabilitation, remains unable to care for himself.
“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,” Vanderhooft 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 charging 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.”
“Momentary inattention does not constitute dangerous driving,” he said.
“The act of dangerous operation of a motor vehicle is driving in a manner dangeorus to the public in all of the circumstances. The focus must be the risks created by the driver’s manner of driving and not on the consequences of the driving.”