Dangerous operation causing death, Dangerous operation causing bodily harm
R. v. Boufford
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Christanne Marie Boufford was convicted at trial of dangerous driving causing death and dangerous driving causing bodily harm after her car struck highway workers in a construction zone on the Trans-Canada Highway south of Nanaimo at night, killing one worker and injuring another. The Crown sought four years in jail; the defence sought a conditional sentence of two years less a day. Justice Thompson imposed a conditional sentence of two years less a day with house arrest and a five-year driving prohibition, citing her 35 years of offence-free driving and the short duration of her inattention.
In the judge's words
1But incarceration is to be the last resort, and I conclude that these messages can be adequately delivered by a combination of a CSO of two-years-less-a-day duration with house arrest and community work conditions and a prolonged removal of driving privileges - a combination of sanctions that will significantly restrict Ms. Boufford's liberty for a considerable time.
The record
- Convicted of
- Dangerous operation causing death (CC 320.13(3))
- Dangerous operation causing bodily harm (CC 320.13(2))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: N. Barber
Defence: J. Steele
Sources
- R. v. Boufford, 2026 BCSC 698 Court decision, CanLII, January 9, 2026
[1] … The Crown seeks a jail sentence totalling four years and a five-year driving prohibition.
[1] … defence counsel submits that a sentence of two years less a day is fit and proper, with a conditional sentencing order, and a three-year driving prohibition.
[1] Ms. Boufford was convicted at trial of dangerous driving causing the death of Raymond Ferguson and dangerous driving causing bodily harm to Katherine Toews; the reasons for judgment are indexed at 2025 BCSC 2383.
[34] Specific deterrence and rehabilitation are not weighty considerations in this case. Ms. Boufford is a first offender, and I see no real risk of recidivism.
[38] … But incarceration is to be the last resort, and I conclude that these messages can be adequately delivered by a combination of a CSO of two-years-less-a-day duration with house arrest and community work conditions and a prolonged removal of driving privileges - a combination of sanctions that will significantly restrict Ms. Boufford's liberty for a considerable time.
[40] On Count 1, I impose a conditional sentencing order of two years less one day. On Count 2, I impose a concurrent conditional sentencing order of one year.
- R. v. Boufford, 2026 BCSC 698 Court decision, Courts of British Columbia