Driver guilty of ‘mistake’ that killed three men in train collision

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This article was published 23/08/2023 (825 days ago), so information in it may no longer be current.

MINNEDOSA — Richard Sinclair told a courtroom packed with grieving loved ones that not a day goes by when he doesn’t think about his dead co-workers, as he accepted responsibility Tuesday for a collision with a Canadian Pacific train that killed the three men in 2020.

“I can’t imagine what you guys went through and are going through,” he said. “All three of them were like family.”

He pleaded guilty to three counts of failing to stop the van he was driving at a marked railway crossing east of Strathclair, in western Manitoba, on Sept. 8, 2020. The van was hit by two locomotives that were joined together.

Passengers Phil Houle Jr., 45, Trevor Bone, 25, and Layne Catcheway, 19, who was Sinclair’s brother-in-law, died at the scene. Sinclair, who is from Dauphin, was injured. The men were employed by Russell Redi-Mix Concrete.

Sinclair received a 45-day conditional sentence, a driving prohibition, 12 months of probation and community service. He was also ordered not to contact the men’s family members.

The gallery was packed with the men’s family members, some wearing shirts with a picture of Catcheway, others wearing jerseys from Layne’s Stars fastball team, which was renamed in his honour.

Crown attorney Melania Cannon told court Sinclair slowed down as the van approached the tracks near Highway 16, but failed to stop.

Cannon called the collision “a senseless tragedy,” but said it was not a criminal act, which is why the Crown accepted Sinclair’s pleas to offences under the Highway Traffic Act rather than the Criminal Code.

Georgina Houle told court the tragedy took such an emotional toll on her that she was forced to retire early.

“The day I was told Junior did not make it, was the worst day of my life,” she said, adding the strain of making funeral arrangements and thinking about the crash have led to a deterioration of her physical and mental health.

Joanne Catcheway told court she, too, was forced to stop working by the stress of losing her son, a tall, respectful young man full of energy who was a social butterfly.

“I would do anything to take it back and have Layne back with me,” she said, crying.

Sinclair wiped away tears as she spoke.

Carlene Campeau, the mother of two of Houle’s children, spoke about the impact on their son Storm, who graduated from kindergarten this year. Campeau said she and Houle were expecting their second child at the time of his death, which has left her struggling emotionally, physically and financially.

“My baby will never get to know his daddy,” she said.

Houle’s family members described him as a loving man who enjoyed fishing and loved the Montreal Canadiens.

None of Bone’s relatives spoke; Cannon said his spouse, the mother of his children, started to abuse alcohol after his death and health issues prevented her from speaking.

The Crown proposed a 45-day conditional sentence order with a 24-hour curfew, except for work, for each of the three counts, running concurrently. On top of that was a request for a 12-month driving prohibition and for Sinclair to perform 120 hours of community service.

Cannon said probation services assessed Sinclair as being a minimal risk to reoffend because he had no criminal record and was willing to plead guilty.

However, she said aggravating factors include his failure to drive appropriately despite being aware of the train tracks and his failure, as the driver, to ensure all passengers were wearing seatbelts.

“There’s no doubt in the Crown’s mind that Mr. Sinclair will ever make a mistake like this again,” she said.

Defence lawyer Ethan Pollock, who joined the Crown in recommending the sentence, said his client was reckless, adding there is no jail sentence that could compare to the effect on Sinclair of having to listen to the victim impact statements read in court.

Provincial court Judge Patrick Sullivan said he hoped Tuesday’s proceedings brought some closure to the families.

He noted that the collision happened not while Sinclair was impaired, distracted by a phone or speeding, but while going through a stop sign at just eight kilometres per hour.

Sinclair’s offence was one that a lot of people might commit, but the result reinforced what can happen when motorists don’t obey basic traffic safety rules, he said.

After accepting the joint recommendation, Sullivan warned Sinclair that violating the conditions of his sentence could lead to jail time.

The driving prohibition was assigned to start at 6 p.m. Tuesday so that Sinclair could drive home.

Outside court, Houle told the Brandon Sun justice was not served by the sentence, and she doesn’t believe Sinclair is remorseful.

Strathclair is located 260 kilometres west of Winnipeg.

— Brandon Sun