There was stony silence followed by emotional tears as the Court of Queen’s bench found RCMP Constable Michelle Phillips not guilty.
Phillips returned to court on June 14, two months after her trial, to hear the verdict of her charges of dangerous driving causing death and causing bodily harm.
In his 90-minute summary, Honourable Justice J.T. McCarthy determined Const. Phillips’ actions the night of Aug. 21, 2016, didn’t make a “marked departure from the standard level of care of a reasonable person.”
Tracy Janvier’s sister, Marina Nakahoo, broke down in tears as Justice McCarthy read the verdict.
During the break, she left the courtroom and didn’t return for the second part of the ruling.
Meanwhile, Phillips didn’t move and showed no emotion.
When court resumed, the justice ruled the Crown didn’t prove, either factually or legally that Phillips was responsible for the death of the victim, Tracy Janvier.
Neither Const. Phillips nor the family of the deceased, Tracy Janvier, were available for comment.
Just after 1 a.m. on Aug. 21, 2016, Const. Phillips was responding to a report of a collision with a pedestrian along Hwy. 881 south of Anzac.
Travelling northbound, it’s alleged she struck the already injured pedestrian, Tracy Janvier, who succumbed to his injuries.
It’s also alleged she also struck and injured the hand of another man at the scene, James Cardinal.
Court’s reasoning
Justice McCarthy ruled there were several contributing factors into the ruling.
He highlighted the spotty and inconsistent testimony of James Cardinal.
In his testimony, Cardinal stated his memory was foggy due to the trauma and his age.
Testimonies from other witnesses contradicted his retelling of the event.
Notably, the evidence didn’t establish how long Janvier was alive after his initial injuries.
Chief Medical Examiner, Dr. Brooks-Lim, could not state which of the injuries he sustained led to his death.
Janvier suffered massive trauma to his head and vital organs, and blood loss.
During the 11-minute 911 call, James Cardinal couldn’t verify if Janvier was still alive.
Therefore, Justice McCarthy ruled the medical evidence as inconclusive.
Secondly, Justice McCarthy found Phillips as a credible witness.
Her testimony at trial and her statement to ASIRT investigator Maggie Raposo in 2016 were consistent with the dashboard camera.
Witnesses recalled someone waving them to stop as they approached southbound.
However, none could see the victim, Tracy unless directed due to low visibility.
The Crown didn’t prove Phillips believed the two dispatches she received that night were related.
As a former dispatcher, she testified callers often get distances incorrect while reporting.
Another witness at the scene, Anzac volunteer firefighter Jordan White, agreed.
The standard level of care
Finally, Justice McCarthy ruled Phillips actions were reasonable with RCMP officers.
He ruled Const. Phillips had reason to drive at 150 km/h towards a “Priority 1” scene to save and preserve life.
She responded to a call of a pedestrian on Hwy. 881, thinking the second call of a collision with a pedestrian was further north.
In her ASIRT statement, Phillips testified no one waved her to slow or stop as she neared the scene.
She also testified thinking vehicles pulled over to let her pass the narrow roadway.
Phillips noted had she seen someone wave, she would slow to investigate.
Justice McCarthy found her statements as consistent with a reasonable person.
Unfortunately, after striking the already injured Janvier she realized she arrived at the collision scene.
Despite the tragic circumstance, Justice McCarthy found Const. Phillips’ actions as not criminal.
Conclusions
Therefore, Justice McCarthy ruled Const. Phillips as not guilty on both charges of dangerous driving causing death and causing bodily harm.
He also ruled she was neither factually or legally responsible for Janvier’s death.
In his conclusion, Justice McCarthy noted this was a difficult trial.
Thanking both counsels for their professionalism and consideration, he noted Janvier’s family who attended every day of the trial.
Justice McCarthy offered his condolences to the family and adjourned.
