Humboldt Broncos crash report could be used in semi driver's criminal case, says lawyer

A report on the Humboldt Broncos crash released this week will be carefully examined by both sides involved in the criminal court case of the semi driver involved, says a Saskatoon lawyer.

"I can guarantee that whatever counsel are involved in this case, both sides will be looking at that and potentially discussing it with their experts to say 'Does this confirm or verify or give you new ideas?'" said Brian Pfefferle, who teaches criminal law at the University of Saskatchewan.

Jaskirat Singh Sidhu, the driver of the semi, was charged with 16 counts of dangerous driving causing death and 13 counts of dangerous driving causing bodily harm. He has not yet entered a plea. His next appearance is scheduled for Tuesday.

Sixteen people were killed and 13 others injured on April 6 when a semi and the Broncos bus collided. An independent engineering report on the crash site, commissioned by the Saskatchewan government, was released this week.

The report recommended better signage, rumble strips and wider shoulders around the intersection of Highways 35 and 335. Other recommended changes include removal of trees, limiting nearby access roads and the relocation of the roadside Broncos memorial.

The government has pledged to take action on all 13 recommendations. Some of the items listed would cost a few thousand dollars, while others ran into the hundreds of thousands.

The study also looked at the "human factors" affecting safety at the intersection.

It noted the intersection is in a relatively remote part of northeast Saskatchewan and drivers may be unusually tired after travelling for long periods to reach that point.

"Higher levels of fatigue can result in reduced alertness and increase reaction time, thus increasing the potential for errors or in some cases result in motorists falling asleep at the wheel," it states.

Motorists travelling Highway 335 could assume it's an uncontrolled intersection and "overlook" the stop sign. It's the only major intersection for more than 20 kilometres in either direction.

The alignment of trees, power poles and the horizon could also lead to "tunnel vision" for drivers.

"The illusion was observed to be even more pronounced during wet and/or sun glare conditions," stated the report.

In the opening pages of the report, the engineering firm states they're submitting a technical report, "not a legal representation or interpretation." 

Pfefferle, who is not involved in the case, said the defence and the Crown may not directly cite the report or introduce it as evidence, but they will pore over every word. They'll likely discuss every element with their own team of experts and pick out elements they believe will bolster their case.

"It may not be clean-cut, but it would be fodder for providing certain ideas," he said.

Regardless of the report's conclusions or what each side takes from it, the judge in the case will ultimately decide which points are relevant, Pfefferle said.