Guilty verdict in Cape Breton hit-and-run case that killed girl

The family of Talia Forrest, the 10-year-old girl who was killed in a hit-and-run while riding her bike five years ago in Cape Breton, says they've finally received justice after the driver was found guilty on Friday.

Supreme Court Justice Kevin Coady found Colin Tweedie guilty of dangerous driving causing death, impaired driving causing death and leaving the scene of an accident.

"It's been ... almost five years of fighting for justice for Talia — and we just got it," said Halen Williams, Talia's cousin.

While Tweedie was initially acquitted in 2022, the Nova Scotia Court of Appeal overturned the acquittal saying the judge in that case "committed errors of law."

"I'm extremely happy that he was found guilty today on all three counts," said Leahann Arsenault, Talia's aunt.

Arsenault told CBC News the years since Talia's death have been difficult for the family.

"It's been extremely hard," she said. "It's extremely hard on my sister. She doesn't work, she don't eat, she cries 24 hours a day, she sleeps at the gravesite. It's just terrible."

Talia was struck by an SUV while out for a bike ride on Black Rock Road in Big Bras d'Or in 2019.

During the second trial, court heard that it was dark at the time the child was struck and Tweedie thought he had hit a deer.

In his decision, Coady said he did not agree.

"In this case, however, nothing jumped out of the ditch along the northbound lane in front of Mr. Tweedie. The evidence is clear that the collision occurred in the oncoming lane," he wrote.

"Even more problematic for Mr. Tweedie is the fact that his vehicle dragged a child's bicycle underneath it for 1.15 [kilometres], causing a squealing noise as the right side of the bicycle scraped along the road surface.

"This sound, coupled with the residences in the collision area, would have made Mr. Tweedie aware of the need for some inquiry."

Coady also said nothing Tweedie told police was consistent with evidence in the case.

"Instead, [Tweedie] shut his eyes to the horrible truth of what he had just done and continued on at the same pace, his view obstructed by the deployed airbags, until he reached his house, and left the residents of Black Rock Road to deal with the tragic aftermath."

Crown lawyer Darcy MacPherson said the verdict highlighted the consequences of drinking and driving.

"That's what happened here, somebody drank and drove, and somebody died," MacPherson said.

"It can happen to anybody. If it doesn't happen today, it could happen the next time you drink and drive. So the strongest message is not to do it."

Both MacDonald and Tweedie's lawyer, Tony Mozvik, would not say what their recommendations will be for sentencing.

Mozvik said he isn't ruling out appealing the decision, saying there were "a couple of issues" that caught his attention.