Snowmobile kills pedestrian

KEN GIGLIOTTI / WINNIPEG FREE PRESS Enlarge Image

Area resident Ron Nowicki walks his dogs on a newly constructed walkway near the site of a snowmobile crash that killed 51-year-old Ken Stammers.

It was a tool for fun that became a tool of tragedy.

A fatal collision involving a man who drove a snowmobile in a city field has touched off a debate about the snow sleds some Winnipeggers see as threats to their safety.

The crash Thursday night killed 51-year-old Ken Stammers, a CN Rail employee who lived near the site of the accident.

Stammers, a married father of two, was walking in a field east of the 500 block of Redonda Street near Paulley Drive at about 6:30 p.m. when a snowmobile collided with him, killing him in an area where neighbours say snowmobiling is not allowed.

"These vehicles are motor vehicles. And there's a reason why they shouldn't be operating within the city limit," said Winnipeg Police Service spokeswoman Const. Natalie Aitken, who said it's "unsafe" and "illegal" for people to drive their snowmobiles inside Winnipeg.

Police said Friday they have not laid criminal charges against the driver of the snowmobile, but had interviewed and released him. Criminal charges against the man remain possible, said police.

Transcona city councillor Russ Wyatt described Thursday night's incident as a tragedy that can't be allowed to reoccur and said police have to step up enforcement. "There seems to be a culture in the city that you can operate a snowmobile or (off-road vehicle) and now we see what happens in the worst-case scenario. Snowmobiles can reach speeds up to 100 kilometres an hour and that's extremely dangerous on a field within the city," Wyatt said.

Shannon Sattler, a mother who lives near the field where the crash happened, said the tragedy has heightened her worries about the area.

"Before, I didn't care, because they were back there in the field and not really a problem," she said. That changed with the news of what she called a "horrible accident."

Aitken said police have done enforcement campaigns near the site of the crash.

"They are well aware of that area," she said, noting police had handed out more than 44 tickets under the Off-Road Vehicles Act in 2010, after people drove in areas where they weren't allowed. In 2009, police handed out about 23 tickets.

She said police will "most likely" consult with Crown prosecutors and the man could face a charge such as criminal negligence causing death under the federal Criminal Code. Aitken said there's no indication alcohol was a factor in the crash and both men were taken to hospital.

Manitoba Hydro spokesman Glenn Schneider said the utility realizes individuals operate snowmobiles along its transmission corridors but the utility hasn't given its permission.

"It's illegal in the city and we do what we can to discourage it, but we've got hundreds of thousands of kilometres of corridor and we can't police it all the time," he said. The man was walking "well off" a path when the collision happened, said police.

Ken Lucko, executive director of Snoman -- the provincial association of snowmobile clubs -- said the organization encourages machine owners to travel on recognized trails, adding there aren't any trails within the City of Winnipeg. Lucko said every municipality has its own laws regarding the operation of snowmobiles. Snoman encourages operators to consult the local municipal bylaws before riding in a community, he said, adding he didn't know it was illegal to operate a snow machine within city limits.

According to a City of Winnipeg map, snowmobiling is only allowed in Transcona in a narrow corridor along the Perimeter. Redonda Street is more than a kilometre to the west of the corridor. According to a provincial spokesman, the field is under a Manitoba Hydro right-of-way, although a Hydro spokesman could not confirm that Friday afternoon.

The city didn't say Friday whether it was planning more signage in the area to tell snowmobilers the activity is against the law and deferred questions about the matter to police.

Stammers' family said they were grieving Friday and declined to comment further. He was well-known in the community as a clerk in the engineering department at the Symington Yards, and had worked for CN for more than 25 years.

gabrielle.giroday@freepress.mb.ca aldo.santin@freepress.mb.ca

What the law says

THE Winnipeg Vehicles Act, a city bylaw, says people can't use their snowmobiles on city land except on "private property with the express consent of the owner or other person having lawful possession or control of the property."

The Manitoba Off-Road Vehicles Act says it's illegal to operate a snowmobile "in a careless manner or without due care and attention," or "at a speed greater than is reasonable and prudent."

Federal Criminal Code: In cases where a pedestrian is hit and killed, it's possible the snowmobile driver could face charges, such as criminal negligence causing death.

For areas where snowmobilling is allowed, see this map from the City of Winnipeg: http://www.winnipeg.ca/police/river_patrol/Snowmobile%20map2.pdf

Republished from the Winnipeg Free Press print edition January 15, 2011 0