SHUBENACADIE, N.S. — A teenager who caused a Via Rail passenger train derailment in Stewiacke last year could be facing up to three years in detention, the Halifax Herald reported.
“We’re looking for a term of incarceration . . . because of the seriousness of the offence and the number of injuries,” Crown attorney Bob Hagell said after the 15-year-old’s brief court appearance Wednesday.
The boy, whose name is prohibited from publication under the Young Offenders Act, was 13 when he used a hammer to break a lock on a rail switch April 12, 2001, just as a Via Rail train was entering the town of Stewiacke.
Twenty-three people were injured when the train left the track and slammed into a feed store. Five of those injured have permanent disabilities.
The teenager pleaded guilty earlier this year to mischief causing endangerment to life by tampering with the rail switch.
In August, he, his mother and workers from the province’s new restorative justice program met with some of the victims.
While that process resulted in a number of recommendations from the victims on punishment for the young offender, Mr. Hagell told Judge Corrine Sparks on Wednesday there was no unanimity on the question of incarceration.
“This is a very difficult case with very conflicting views,” he said.
The prosecutor said some people feel sending the teenager to a youth detention centre would serve as a general deterrent. Others feel alternative methods of punishment, like probation and community service, would serve the purpose, especially since the boy has already faced his victims through the restorative justice system.
“Our society has varying views and it’s our job to take these views into consideration,” he said.
Defence lawyer Anne Malick was surprised the Crown would consider incarceration. “I want to be very clear, (the victims involved in the restorative justice process) were very much in consensus with a number of major issues,” she said.
“The victims were not saying he should or shouldn’t be incarcerated – they were saying we can’t decide.
“They were saying there is no way we can emotionally go into the incarceration issue.”
It’s ultimately up to the judge to decide what punishment the teen will receive. It could include community service, a fine or up to three years in custody.
Audrey Roberts was one of the passengers on the train that derailed. Leaning on a cane outside the courtroom, she didn’t hesitate to speak her mind.
“I think he needs incarceration . . . I didn’t feel sorry for him,” she said.
The woman had compound fractures of both legs as a result of the crash and she said she’s in constant pain.
“I was trapped for 45 minutes,” she said, visibly shaking as she remembered the derailment.
“People’s lives have been changed. . . . I was in hospital for two months.”
Ms. Malick said she understands how some victims feel but believes incarceration would only harm her client.
“Restorative justice is a very valuable process and I was somewhat disappointed the issue of incarceration became an area of focus,” she said.
Ms. Malick said the teen, who has cognitive limitations, has been matured by the process.
“Those who met with him did not see a dangerous young person – he’s gained a lot of insight.”
When he met with those who were injured, Ms. Malick said, he had to hear and face their pain. She described it as a life-altering experience for him.
A predisposition report on the teenager will be prepared in time for sentencing on Nov. 6.