HINTON – The agenda has been set for a fatality inquiry into the three deaths caused by a glacier bus rollover at the Columbia Icefield in Jasper National Park nearly five years ago.
Justice V.H. Myers, who presided digitally from Barrhead over the pre-inquiry conference at Hinton court on Tuesday (June 10), said he wanted to limit the inquiry to three groups of issues.
The first was the driver’s pre-inspection of the ice explorer since the court did not have a description of what this inspection entailed.
It will also examine a concern raised before the accident that the slack adjusters needed to be looked at since full-service pedal depression was required for a full stop.
Myers said the court was not clear whether this concern was raised by the driver or a different one, when it was raised, who the concern was relayed to or what was done to address it.
For the third issue group, the inquiry will look at the brake inspection, maintenance and repairs.
“The court has no doubt that the brakes fail to stop that vehicle once it started descending,” Myers said.
He noted, however, the court had no information on what the inspection and maintenance schedule of the brakes were, when the last brake inspection was undertaken, what the inspection entailed or if the standards of the company were followed.
The court was unclear whether the ice explorer was not in gear at the top of the hill before its descent or went out of gear quickly or shortly after its descent, but Myers anticipated this question could not be answered.
He noted there was some evidence that the crest of the hill had a slight incline and that this would be “an interesting factor for the court.”
The fatality inquiry is expected to take place before the end of this year.
Myers requested that the one-day special hearing be held in Jasper court. He was willing to allow counsel and some witnesses to attend via CCTV, but requested that the witness for the inspection and maintenance of the brakes attend in person since it was a technical subject.
Evidence that will be produced includes witnesses and documents such as the daily vehicle inspection reports as well as the inspection and maintenance schedule of the brakes. A written proposal will be sent out to all parties.
On July 18, 2020, an ice explorer taking passengers to the Athabasca Glacier along Snocoach Road rolled down a moraine embankment and landed on its roof. The accident killed passengers Dionne Durocher, Griva Patel and Kamleshbai Patel and injured over a dozen others, including the driver.
The Columbia Icefield bus tours were relaunched the following year with seatbelts added.
Although RCMP laid no criminal charges, bus operator Brewster Inc. pleaded guilty in 2023 to two charges under Alberta’s Occupational Health and Safety Act for failing to mandate seatbelt usage and failing to control the hazards of the slope. It was ordered to pay $475,000.
A fatality inquiry is a legal proceeding that helps clarify the circumstances of a death. It does not make findings of criminal wrongdoing, but can provide recommendations to prevent similar deaths.
