Scene of Nov. 29, 2023 crash at McGill and University Drive/via unnamed contributor
The BC Conservatives are throwing their support behind the victim’s family and friends, who have begun a campaign demanding upgraded charges in the deadly crash involving TRU student athletes in Kamloops just over a year ago.
At the same time, the official opposition is pointing the finger at systemic flaws in the charge approval process.
“It is outrageous that when reckless disregard on our roads leads to the death and lifelong injury of innocent university students, our laws respond with nothing more than a slap-on-the-wrist and the victims are not compensated for a life shattering event, said BC Conservative Leader John Rustad in a release issued through the Caucus communications team in the Legislature on Saturday. “Cases of such gravity demand the scrutiny of a judge and jury – not the discretion of a Crown prosecutor alone.”
The statement from Rustad and other Conservative caucus members on Saturday does not directly tie the Party to the calls for criminal charges to be laid, but does echo the disappointment of those close to Owyn McInnis, Riley Brinnen and Owen Waterhouse.
“The McInnis family has a very reasonable request; have a judge and jury determine if the driver is guilty of criminal actions in an open court,” Kamloops Centre MLA and Conservative Finance Critic Peter Milobar is quoted as saying. “His innocence or guilt should not be pre-determined behind closed doors.”
The November 29, 2023 crash at the intersection of McGill Road and University Drive left 22-year old Owyn McInnis dead, while Riley Brinnen was paralyzed from the waist down and Owen Waterhouse suffered a severe brain injury.
Meanwhile, the other MLA for Kamloops is also included in the critique from the BC Conservative Caucus.
“It’s just another example that our justice system is broken,” stated Stamer, MLA for Kamloops-North Thompson. “Considering the amount of evidence produced in this case by the RCMP, common sense would suggest that, at a minimum, criminal charges should have been supported and the accused made to sit in front of a judge and jury. For crown prosecutors to say they require a higher standard in a case such as this is, frankly, insulting to the victims and their families who deserve more from both our legislators and justice system.”
Kamloops-North Thompson MLA Ward Stamer (L) and Kamloops Centre MLA Peter Milobar (R)/via Conservative Party of BC
Families of the victims have begun circulating a letter for people to sign, which calls on BC Attorney General Niki Sharma to order a review of the charges against the driver of the pick-up truck who allegedly caused the multi-vehicle pile-up.
29 year old Colval Abbinett is charged with driving without due care, as well as attention and driving without reasonable consideration.
If found guilty, Abbinett would face a maximum fine of $2,000, plus potential driving restrictions.
The victim’s families have argued charges of dangerous driving would be justified.
Charges of that magnitude would be prosecuted under the Criminal Code of Canada, and would carry the prospect of jail or prison time if convicted.
Neither the BC Prosecution Service or the Mounties have offered rationale behind why charges under the Motor Vehicle Act were ultimately pursued.
In announcing the conclusion of their investigation, Kamloops RCMP did point to a pair of factors which may have worked in favor of the accused.
“The driver of the truck remained at the scene,” said the RCMP in a November 25th news release. “Police investigators with specialty training in assessing driver impairment established the truck driver was not impaired by drugs or alcohol.”
BC Conservatives see connection between charge decision and ‘no fault’ insurance
While falling short of demanding direct action from either the Attorney General or the BC Prosecution Service on the issue of charges in this case, the BC Conservatives are demanding changes within the Insurance Corporation of BC.
The Saturday news release issued through the BC Conservative Caucus out of Victoria has drawn a link between the lack of criminal charges and ICBC’s three-and-a-half year old Enhanced Care insurance model.
“The new ICBC ‘No Fault’ system, brought in by David Eby, places remarkably limited responsibility on both the insurer and the offender, while shifting an overwhelming burden onto the victims,” said Brent Chapman, the BC Conservative critic for ICBC. “Reckless, inattentive driving that causes a fatality and serious injuries must carry serious consequences.”
The Conservative release also recommends non-specific changes to the justice system.
“The Conservative Party of BC is calling on David Eby to amend his failed ‘No Fault’ insurance policies as well as amendments to the justice system to ensure that victims are prioritized over perpetrators,” concluded the Saturday news release.
