Is conditional sentence legally available?
A Vancouver Island driver convicted in a fatal highway work zone crash is waiting to learn whether she will serve time behind bars or be allowed to carry out her sentence in the community, according to a recent report.
B.C. Supreme Court Justice Douglas Thompson has reserved his decision in the case of Christianne Marie Boufford, 53, who was found guilty of dangerous driving causing death and dangerous driving causing bodily harm after a 2021 collision that killed road worker Raymond Ferguson near Nanaimo and injured two of his colleagues, reported the North Delta Reporter.
The crash happened late on Sept. 23, 2021, on the Trans-Canada Highway near Minetown and Kipp roads, where Ferguson was part of a Hub City Paving crew working under traffic control and a reduced speed limit. Boufford drove into the construction zone, striking Ferguson and two other workers. Data from her vehicle indicated she was travelling at 79 km/h in a 60 km/h work zone at the time of impact.
At a sentencing hearing in Nanaimo on Tuesday, Jan. 6, Crown and defence presented sharply different proposals, according to the report.
Crown counsel Nick Barber urged the court to impose a four-year custodial sentence, arguing the seriousness of the conduct and its consequences justified a term of imprisonment. Defence lawyer Jerry Steele asked for a two-year conditional sentence order to be served in the community under strict conditions, stressing that Boufford has no prior criminal record.
Debate over conditional sentence eligibility
The court also heard arguments about whether a conditional sentence is legally available in this case. Conditional sentence orders can only be considered when the proposed sentence does not exceed two years, when the offender is not seen as a risk to public safety and when there is no pattern of disobeying court orders.
Barber pointed to legislative changes in 2022 that narrowed the circumstances in which judges can grant conditional sentences and took the position that a sentence longer than two years is necessary, reported the North Delta Reporter. Steele maintained that a conditional sentence remains a form of custody, albeit served in the community, and said Boufford’s background supports such an option.
Boufford had also faced charges of impaired driving causing death and impaired driving causing bodily harm. Thompson acquitted her on those counts after excluding blood-alcohol evidence, ruling that her Charter rights had been breached when police failed to promptly inform her of her right to counsel and demanded a breath sample at the station without adequate grounds.
Thompson told the parties he needs additional time to review both the current conditional sentencing provisions and their application to the facts before making a final ruling.
He said he must first determine whether a conditional sentence order “is an available sentence or not” and whether imposing one would amount to “an illegal sentence,” and then, if it is legally open to him, decide whether it is appropriate in Boufford’s case.
Boufford’s trial, which lasted five days, began on July 28. A date for delivering the sentencing decision is expected to be set on Monday, Jan. 12, although Thompson indicated his reasons could be released earlier.
In May, the BC Highway Patrol launched a High-Risk Driving and Motorcycle Awareness Campaign.
“BC Highway Patrol has seen a recent uptick in excessing speeding, crashes involving motorcycles, and impaired driving. All road users need to start driving more reasonably right now to reverse the recent trend and make our roadways safer for everyone,” said Superintendent Mike Coyle with BC Highway Patrol. “Public safety is our top priority and we take it very seriously. People who choose to ignore safety will certainly be educated on its importance.”
