Police errors result in judge tossing fatal impaired driving charges against Nanaimo woman

Minutes after Boufford pleaded not guilty to six charges in early January, her legal team made an application arguing their clients’ charter freedoms had been breached.

Boufford’s trial was paused, as legal arguments commenced.

Justice Douglas Thompson determined Cst. Steven Butler made a series of breaches while interacting with the accused at the scene, as well as at the Nanaimo RCMP detachment following the incident.

According to the judge, Butler did not make the custodial status of the accused clear upon the initial detention when he arrived at the chaotic scene solo just after midnight.

Consequently, breath samples obtained at the scene and the detachment were deemed inadmissible.

Boufford was ruled by the judge to be arbitrarily detained for more than three hours, noting the applicant was not given timely access to legal counsel.

“The accused has established on a balance of probabilities that admitting the evidence gathered from the accused from the time of her detention would bring the administration of justice into disrepute,” justice Thompson said, as Ferguson’s daughter welled up in tears in the courtroom gallery.

Referencing on-scene charter infringements, justice Thompson found Cst. Butler was somewhat over his head.

The judge found Cst. Butler’s mistakes were due to a lack of oversight and guidance, not from bad faith.

Also at issue is a portion of missing recorded video evidence at the police detachment during the night in question, however, the judge wasn’t convinced the unaccounted-for footage would obstruct a fair trial.

The judge noted Cst. Bulter had no basis to conduct pat-down searches, adding the treatment of the accused at the detachment was “inexcusable.”

He flagged the accused being left in soiled clothing as one of the multiple oversights at the detachment under Cst. Butler’s watch.

The officer drove the accused home following his dealings with her.

Case still intact
Boufford’s legal team failed to articulate a connection between the Charter infringements and other evidence which arose from the scene, justice Thompson said during his ruling.

“For instance, it is difficult to appreciate how evidence of eyewitnesses to the driving and collisions can be regarded as quote ‘obtained in a manner’ unquote that infringed the accused’s Charter rights.”

As a result, two charges remain in place against Boufford and will be contested at trial: dangerous driving causing death and dangerous driving causing bodily harm.

The incident also led to minor injuries to fellow construction worker Katherine Toews.

Four impaired driving-related charges no longer apply, including impaired driving causing death, and impaired driving causing bodily harm.

With the Charter issues resolved, the trial is scheduled to be heard by justice Thompson starting on July 28.

Boufford attended the judge’s decision via video, as did her lawyers Dale Melville and Jerry Steele.

Nick Barber is handling the case on behalf of the B.C. Prosecution Service.

Ray Ferguson was killed in the right-hand southbound lane of the Trans-Canada Hwy. between Kipp and Minetown roads. A roadside memorial remains in place in his honour. (Ian Holmes/NanaimoNewsNOW)

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by Ian Holmes

Police errors result in judge tossing fatal impaired driving charges against Nanaimo woman

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