Calgary Judge Mandates Full Disclosure from Alberta Transport Ministry in Fatal Crash Case
A Calgary judge has issued a significant order compelling Alberta's Ministry of Transportation to provide comprehensive details about a deadly intersection northeast of Calgary. This directive comes after the ministry's failure to comply with previous disclosure orders has resulted in delays to a trial continuation.
Legal Proceedings and Judicial Ruling
Justice Janice Ashcroft of the Calgary Court of King's Bench has sided with defence counsel Curtis Mennie, affirming that the ministry did not adhere to her earlier order from last month. That order required the province to furnish information concerning the history of the intersection where Highway 564 intersects with Highway 9.
This intersection was the site of a tragic collision on January 5, 2020, around 5:30 p.m., when Augustin Henry, represented by Mennie, ran a stop sign. The crash involved a vehicle driven by Drumheller resident Daniel Bdzel, resulting in Bdzel's death and injuries to his 10-year-old daughter.
Charges and Trial Developments
Henry faces charges of dangerous driving in connection with the incident. During his trial last September, Mennie raised concerns about the intersection, describing it as "highly problematic." He subsequently applied to Justice Ashcroft for an order mandating disclosure from the province regarding the intersection's history and plans to install a roundabout at that location.
Despite Ashcroft's favorable ruling, Mennie reported that he has not received the necessary materials as ordered by the court. "I do not consider this issue resolved," Mennie stated, highlighting ongoing deficiencies in the disclosure process.
Disclosure Issues and Ministry Response
Following Ashcroft's ruling on January 12, Mennie was provided with a summary of government documents covering the intersection's history from 2012 to 2023. However, this summary was notably incomplete, lacking information about serious incidents that occurred within the last year.
In response, Mennie sent a letter to the ministry on January 26, requesting full disclosure. This included details on why the government plans to install a roundabout at the intersection and the rationale behind this decision.
Ministry lawyer Tunahan Uygun indicated that he was unaware of the contents of Mennie's letter until it was read into court on Monday. Justice Ashcroft acknowledged that the disclosure was incomplete but noted, "sometimes things are inadvertently left off." She emphasized, "We don't have to go to DEFCON 10 right away when there's a few materials missing."
Judicial Order and Trial Adjournment
Nevertheless, Justice Ashcroft ordered the ministry to comply with her decision, which specifically requires disclosure on why a roundabout has been recommended for installation. Mennie requested an adjournment of Henry's trial continuation until these steps are taken, a delay that was not opposed by the Crown.
Prosecutor Ron Simenik, who initially opposed Mennie's disclosure application, stated that since the judge made the order, it should be adhered to. "He's entitled to the disclosure," Simenik affirmed. He acknowledged that while the delay is frustrating for both the Crown and the victim's family, it is necessary to ensure a fair trial for the accused.
"I'm ... mindful of the accused's right to a fair trial," Simenik added, underscoring the importance of procedural integrity in legal proceedings.
Next Steps in the Case
A date to resume the hearing will be set on February 20, allowing time for the ministry to provide the required disclosure. This case highlights critical issues in legal transparency and the obligations of government bodies in judicial processes, particularly in matters involving public safety and fatal incidents.
The ongoing legal battle underscores the complexities of ensuring full disclosure in court cases, with implications for both the justice system and transportation safety in Alberta.
