On August 11, 2021, 78-year-old John Fox and 75-year-old Glenys Fox were killed in a collision when Christopher Boucha, now 52 years-old crossed the median line of the road with his five-tonne Penske truck. A crown witness, who was behind Boucha at the time of the accident, believed that Boucha veered off because he was either sleeping or texting. Boucha has been charged with eight charges including dangerous driving and criminal negligence. This seemingly simple case to conclude has been twice delayed by late disclosure from the RCMP, yet Boucha and his lawyer, Chad Haggerty, will not be filing an s.11(b) application for unreasonable delay.[1] Typically, when this happens, it happens for one of a few reasons. It could be that the Defence anticipates that they will be blamed for the delay. Or It could be that the Defence made an agreement as part of a request not to count the delay against the Crown. Whatever the reason, the details of the case, including the reasons for delay, will hopefully made clear by the time of its conclusion.
[1] Kevin Martin, “Suspect in traffic deaths of elderly couple on Trans-Canada won’t seek stay over unreasonable delay, lawyer says,” Calgary Herald, December 11, 2023. https://calgaryherald.com/news/crime/lengthy-delay-wont-draw-charter-application-deadly-crash-case.
