HER MAJESTY THE QUEEN - v. -, 2003 ABQB 266

R. v. Williams, 2003 ABQB 266 Date: 2003 0320 Action No. 017225020Q1 IN THE COURT OF QUEEN'S BENCH OF ALBERTA JUDICIAL DISTRICT OF EDMONTON BETWEEN: HER MAJESTY THE QUEEN - and - JONATHAN WILLIAMS Accused _______________________________________________________ REASONS FOR JUDGMENT of the HONOURABLE MADAM JUSTICE S. J. GRECKOL _______________________________________________________ APPEARANCES: Clifton G. Purvis for the Crown James W. Joosse for the Accused

I . INTRODUCTION [ 1 ] On Tuesday September 4, 2001, at about 8:15 a.m., Cynthia Martin was riding her motorcycle to Centre High in Edmonton on the first day of school. She was travelling north on 142 nd Street approaching the Valleyview Drive intersection when a City truck, driven by Mr. Williams and with an equipment trailer in tow, entered the intersection from the Drive when it was unsafe to do so. A bus driver, travelling north and parallel to her motorcycle in the curb lane, saw the truck in time to stop. Ms. Martin’s view of the truck was blocked by the bus, as was Mr. William’s view of the motorcycle. Ms.

Martin did not apply her breaks to the full extent of their capacity. Had she, she would have been able to stop in time. Tragically, the motorcycle struck the trailer as it passed through the intersection, throwing Ms. Martin to the pavement. Ms. Martin was transferred to the University Hospital where she died undergoing emergency surgery for the injuries she sustained in the collision. [ 2 ] Mr. Williams continued to make the turn into the southerly, inside lane of 142 nd Street.

He did not stop the truck until he was forced to do so by the actions of another motorist who saw the collision, gave chase, and interposed his vehicle in front of the truck at the traffic circle at 87 th Avenue and 142 nd Street. Mr. Williams’ words and actions on being stopped raised questions about his state of mind. [ 3 ] Mr. Williams was arrested and taken to the west end station of the Edmonton Police Service (EPS). He was interviewed and videotaped.

As he exhibited signs of drug use or of acute psychotic episode, he was taken to the Misericordia Hospital at about noon for medical clearance to be lodged in cells. A blood sample was taken from Mr. Williams at about 1:00 p.m. and analysis showed a concentration of 2.7 nanograms of cannabis per one millilitre of blood, raising the question of whether his ability to drive was impaired by drugs at the time of the collision. [ 4 ] Later that day, he was lodged in cells in a secure unit. On Wednesday, he was transported to Alberta Hospital Edmonton where he was administered anti-psychotic drugs.

On Thursday, he awoke to find that his psychotic symptoms had subsided. He remained at the hospital for a thirty- day remand to determine his fitness to stand trial. [ 5 ] Evidence at trial showed that Mr. Williams had spent the long weekend before the collision at a music festival at Ness Creek, Saskatchewan with a group of friends. He consumed marijuana before the bus trip, during the bus trip and at intervals until Sunday morning when he and several friends ingested acid. Mr. Williams and others said that he consumed two hits. He had a negative experience including paranoid thoughts and hallucinations.

The others, although having ingested more acid than Mr. Williams, experienced no further symptoms after Sunday evening. [ 6 ] Through Sunday evening and Monday, Mr. Williams continued to experience profound and negative effects, suggestive of a psychotic episode. His friends were concerned about him and he stayed at the home of some of them for the night. He woke to find that he felt well. He decided to go to work. There was no noteworthy indication of impairment or unusual behavior at work.

However, his driving from work to the job sight was abnormal, marked by a near collision, speeding in a back alley, following too close, and likely proceeding out of turn through a four way stop. Mr. Williams then drove, by his own admission, into the intersection at Valleyview Drive and 142 street when it was unsafe to do so, causing the collision which resulted in the death of Cynthia Martin. II. THE ISSUES [ 7 ] Mr. Williams was charged with criminal negligence causing death contrary to s. 220 (

b) of the Criminal Code ; dangerous driving causing death contrary to s. 249(4) ; impaired driving causing death contrary to s. 253(3) ; and having care or control of a vehicle involved in an accident and failure to stop contrary to s. 252(1) (b). The issue in this case is whether Mr. Williams is guilty of the offences charged and in particular whether he bears criminal responsibility for Ms. Martin’s death.

III . THE EVIDENCE A. Witnesses to the Collision and Events Leading up to the Collision 1 . Witnesses to the Collision other than the Accused (

a) Glenda Williams [ 8 ] Glenda Williams was sitting three-quarters of the way back on an Edmonton Transit bus traveling north on 142 nd Street, in the first or second row of the seats that are raised above those in the front of the bus. She could see the road through the driver’s window and her own side window. She thought that the bus was waiting for a light when she first looked up and saw a City truck coming from the right. The bus started moving again and was traveling at normal speed. She saw a motorcycle traveling to the left of the bus.

The truck did not stop, but proceeded through the intersection and turned left. The bus driver applied the breaks. Ms. Williams remembers the passengers being pushed forward. The motorcyclist passed by the bus and was hit by the truck. The motorbike went sliding into the bus and Ms. Martin lay there. The truck never stopped. (

b) Amante Agbulos [ 9 ] Mr. Agbulos is a bus driver of 25 years experience with the Edmonton Transit Service. On September 4, 2001 he was driving bus No. 100, an express bus from the west end to downtown. His last stop before the accident was at West Edmonton Mall. [ 10 ] Mr. Agbulos testified that he was heading north on 142 nd Street, about 30 metres south of the intersection at Valleyview Drive when he saw a truck. He honked at the driver of the truck to warn him that the bus had the green light and that he should not enter the intersection. He said the truck driver ignored him. To avoid a collision, Mr.

Agbulos brought the bus to a sudden stop when he saw the truck proceed into the intersection. A photograph that was later taken of the bus showed that it had come to a stop with its front tires just over the crosswalk and the tire and door area of the bus in the intersection. [ 11 ] Mr. Agbulos testified that the truck driver looked at him sharply. Mr. Agbulos heard the motorcycle approaching. It was too late. He saw it collide with the left side of the truck pulling the trailer. The motorcycle flipped up against his bus and its driver was thrown two metres away. (

c) Joanne Kaminsky [ 12 ] Joanne Kaminsky was driving a truck to her work site at about 8:15 a.m. on September 4, 2001. She was in the curb lane traveling south on 142 nd Street. She testified that she watched the City truck and trailer approach the intersection and make the turn from Valleyview Drive onto the street. She said the trailer was rocking. She took the license plate because she thought that someone working for the City should be driving more carefully. She did not notice what happened in the northbound lanes. [ 13 ] Ms. Kaminsky said that the truck turned partially into the lane ahead of her.

The driver of the truck straightened out the vehicle and continued in his own lane. He then passed her, moved into the curb lane and pulled into a bus stop, where a man got out. The way in which he was driving annoyed Ms. Kaminsky and she resolved to complain to the City. The truck proceeded on 142 nd Street. Next, she saw the truck stop. She assumed that it was because the City truck driver had hit a green truck in front of it. She was not aware of the first collision at Valleyview Drive, but decided that she should pull up and box the City truck driver in. She called 911 and waited outside of her vehicle.

She observed the City truck ram the green truck twice. She heard the City truck driver say that he could not help it, his truck kept moving. She watched the man from the green truck reach his hand in the window of the City truck and grab the keys. [ 14 ] Ms. Kaminsky testified that she thought the driver of the City truck was impaired; he had red eyes and was not acting normally, although she did not have personal contact with him. Ms. Kaminsky agreed that the driver’s behavior was bizarre or out of the

norm of how she would have expected someone to respond to a collision. None of his behavior made any sense to her. (

d) Sandra Lynn Lavoie [ 15 ] Ms. Lavoie testified that she was traveling southbound on 142 nd Street in the inside lane at approximately 8:20 a.m., having dropped off her daughter at school. She said that the traffic was heavy as she approached the intersection at Valleyview Drive. She came to a stop behind a vehicle turning left onto the Drive but was able to see around the vehicle into the intersection. [ 16 ] Ms. Lavoie testified that the light at the intersection remains green unless there is a pedestrian.

She only saw a green light on this occasion. [ 17 ] She testified that she observed an ETS bus traveling slowly in the northbound curb lane of 142 nd Street, approaching the Drive. She thought that it might have been going slowly because it had just stopped or was about to stop. A motorcycle and five or so cars behind it were in the centre lane. She estimated that the motorcycle was traveling just under the 60 kilometres per hour speed limit. [ 18 ] She testified that the City truck, which she believed was at a stop sign facing westbound on Valleyview Drive to her left, was signaling a left hand turn.

She later qualified her statement that the driver was signaling left by stating she was just certain he wanted to get onto 142 nd Street. Ms. Lavoie’s evidence was that the bus driver saw the City truck start to pull out. The bus was going slowly and had time to stop. However, she believed that the vehicles in the inside lane had their view obscured and did not see the City truck pull out, given their lack of reaction. She could see that a collision was going to take place. The question was whether the truck could go fast enough to get through the intersection.

She knew that the oncoming traffic could not stop in time. [ 19 ] Ms. Lavoie observed the City truck clear the intersection and the oncoming motorcycle head directly for the huge metal trailer. She said the motorcyclist would only have seen the truck for a split second. It was her feeling that the motorcycle swerved towards the curb lane at the last second. She could not see the direct impact of the collision because she was on the other side of the intersection. The motorcyclist disappeared from Ms. Lavoie’s view because of the trailer. The truck driver did not stop. [ 20 ] Ms.

Lavoie could not be sure at trial if she had heard the sound of the collision, but confirmed her previous statement that the bus had honked its horn. She thought she was likely listening to the radio and had her windows up. [ 21 ] Ms. Lavoie got out of her van, walked across the intersection and saw Ms. Martin lying on the ground. There was a man crouched next to her calling on his cell phone. (

e) Francis Loughlin Boros [ 22 ] On the morning of September 4, 2001 Mr. Boros was traveling from Rio Terrace to downtown in his green Dodge Ram pickup truck, north along 142 nd Street. He was six car lengths behind the ETS bus in the curb lane approaching the intersection at Valleyview Drive. There were about five vehicles ahead of him. He said the flow of traffic was constant and moving at not quite the speed limit, perhaps 50 to 55 kilometres per hour. He could see the bus’ brake lights go on and he started to brake.

He saw a white truck pulling a trailer with an asphalt roller on the back come off Valleyview Drive. He saw a motorcycle and cars to the left of the bus. When the truck entered the intersection, the motorcyclist tried to take evasive action to the right. She tried to miss the truck and hit the trailer. She flew through the air as did the motorcycle. Mr. Boros was able to see the collision because he was in a truck. [ 23 ] Mr. Boros testified that the City truck slowed down momentarily and then continued south on 142 nd Street. Mr.

Boros turned right onto the service road east of 142 nd Street, and headed south to the intersection of 91 st Avenue and 142 nd Street. The white truck had stopped at a bus stop in the southbound curb lane, south of 91 st Avenue. The passenger in the front seat of the white truck got out. Mr. Boros turned into the inside southbound lane. He accelerated his vehicle and moved in front of the white truck, which was in the curb

lane. Mr. Boros slowed his truck down. The white truck then struck his vehicle, having slowed to 10 to 15 kilometres per hour. Both trucks stopped. The second passenger from the white truck got out of the back seat and ran. [ 24 ] Mr. Boros testified that he then went to the white truck and put his heel on the running board to prevent the driver from leaving. He said that a young women got out of another vehicle and he asked her to call 911. [ 25 ] Mr. Boros indicated that he then asked the driver of the white truck why he had left the scene. Mr.

Boros asked him whether he realized he had been involved in an accident. Mr. Boros testified that the driver said: “I’m the devil,” in a very monotone voice. [ 26 ] Mr. Boros asked the driver to shut the vehicle off but the driver did not do so. The truck continued to idle, in gear. [ 27 ] Mr. Boros testified that the driver then said: “It’s all over. I’m going to jail. Get out of the way.” At that point, the driver accelerated the white truck into the back of Mr. Boros’ truck and pushed Mr. Boros’ truck eight to ten feet forward around the traffic circle. Mr. Boros yelled at him to stop.

The driver was turning the steering wheel right while Mr. Boros’ truck was going left. [ 28 ] Mr. Boros turned off his vehicle. When he asked the driver of the City truck to turn off his vehicle, the driver just sat there, looking straight ahead. Mr. Boros then asked the young woman who had called 911 to move her truck up. [ 29 ] Mr. Boros told the driver of the white truck that he should sit still. He took the keys from the ignition through the open window. He stood back from the door and held it shut. Another passerby attended. Mr. Boros asked him to hold the other door. The driver said: “I’m the devil.

If you need to call me, dial 666." He still spoke in a monotone. [ 30 ] Mr. Boros testified that the driver of the truck then became agitated. He was pulling at his sweater and was antsy. He was drinking out of a paper cup. [ 31 ] A police officer arrived. There was confusion at the traffic circle. The officer started towards him and then turned back. Mr. Boros asked the young woman to get the officer. The police officer came over and spoke with the driver of the truck. The driver got out.

There was some aggressive pushing between the officer and the driver, and the officer told the driver to face the vehicle or he would have to use force. The driver was then handcuffed. [ 32 ] He confirmed in cross-examination that there was something strange about the driver’s demeanor but he did not know the cause. The driver responded inappropriately, he spoke in a monotone, and the tone of his voice seemed strange. Mr. Antonio agreed that the driver did not seem to be all there. He did not respond in the way that one would expect.

While they were waiting for the police, the driver was looking straight ahead, pulling up his shirt and exposing his skin. His look was vacant. He did not appear to be aware of what had gone on. (

f) Glen Iriye [ 33 ] Mr. Iriye testified that on the morning of September 4, 2002 he approached the four way stop at 146 th Street and 95 th Avenue. He said that he was the second or third car in line headed north. The car in front of him came to an abrupt stop. He saw a City vehicle roll through the intersection at about 15 to 20 miles per hour, tailgating the car in front of him. The truck was headed in an easterly direction towards 142 nd Street. This was between 8:15 and 8:30 a.m. He said the truck was blue with a white stripe and was towing City construction equipment.

He said there were three occupants in the truck. He believed that the truck was the same one as depicted in the photographs entered in evidence at trial of the City truck driven by Mr. Williams, although the truck in the photographs is white, not blue. (

g) Victor Antonio

[ 34 ] Victor Antonio is 46 years of age and at the time of the collision had worked as a casual employee with the City for a number of years repairing pot holes. He had worked on a crew with Mr. Williams five to six times prior to the day of the collision, on certain occasions for a whole week. [ 35 ] Mr. Antonio arrived at work at 7:00 a.m. on September 4, 2001. There was a safety meeting in the lunchroom that morning, organized by the supervising foreman. Mr. Antonio testified that there were 50 or 60 people there, although he did not see Mr. Williams.

The meeting ended at 7:15 a.m. and employees were then assigned their crews and vehicles. The crew to which Mr. Antonio was assigned included Derrick Sieben and Jonathan Williams. The foreman and another employee took a different vehicle. Mr. Antonio ran an errand while his other crew members prepared to go. They left the yard at 7:40 a.m. with Mr. Williams driving, Mr. Sieben in the front passenger seat, and Mr. Antonio in the back seat behind Mr. Sieben. Mr. Antonio did not notice anything unusual about Mr. Williams to that point except that Mr.

Williams initially brought out the wrong key for the truck that they were to use and when asked why, responded that he had just made a mistake. [ 36 ] The City yard is located at about 114 th Avenue and 143 rd Street. The job location was at 95 th Avenue and 141 st Street. As the foreman had said that he required an hour to get the asphalt, tar and propane, Mr. Antonio proposed that they go to the 7-Eleven at 107 th Avenue and 156 th Street for coffee. He testified that there was nothing unusual about Mr. Williams’ conversation before they attended the 7-Eleven and his comments made sense. Mr.

Williams mentioned having gone to Saskatchewan for the weekend. [ 37 ] At the 7-Eleven, Mr. Williams parked the rig in the back alley. Mr. Antonio said Mr. Williams had enough room to manoeuver and that he had no problem parking. [ 38 ] Mr. Antonio testified that all three men went into the 7-Eleven. Mr. Williams paid for Mr. Antonio’s paper and a Slurpee by putting a twp dollar coin on the counter and walking out. The woman at the counter was not happy with this as she did not know what size of drink Mr. Williams had taken. Mr. Williams went back in and told her. [ 39 ] Mr. Antonio described Mr.

Williams turning south onto 156 th Street from the 7-Eleven and cutting off a driver who was traveling down 156 th Street. He believed that the other driver, who had the right of way, slammed on his brakes. Mr. Antonio testified that he said: “Hey, you cut the guy off.” Mr. Williams kept on going. [ 40 ] Mr. Antonio was reading his newspaper while Mr. Williams drove south on 156 th Street to 95 th Avenue. He mentioned to Mr. Williams that he was following too close to a car in front of him. Mr. Antonio testified that Mr.

Williams was supposed to turn left on 95 th Avenue and head east, but instead turned right and went about a block. He said Mr. Williams came flying through a back alley after going west almost two blocks. He testified that Mr. Williams was going a little fast, and he cautioned him to be careful. [ 41 ] Mr. Williams continued eastbound on 95 th Avenue towards 149 th Street. He passed through the intersection at 149 th Street. Mr. Antonio testified that Mr. Williams waited his turn at the four way stop at 145 th Street as three or four cars went through the intersection. He then went through the intersection. Mr.

Antonio heard a horn, but could not say who had the right of way or who got to the intersection first. [ 42 ] Mr. Williams then headed towards 142 nd Street. He asked his passengers at 142 nd Street if they wanted to go back to the City yard. Mr. Antonio did not know what he meant and did not respond. [ 43 ] Mr. Williams drove south on 142 nd Street. At 89 th Avenue he turned east and then turned onto Valleyview Dive. At the corner of Valleyview Drive and 142 nd Street, Mr. Antonio told Mr. Williams to go right in order to get to the job site. Mr. Williams responded that “No, we’re going this way.” Mr.

Antonio thought that Mr. Williams had stopped at the stop sign and might have crept up a little bit. As the truck entered into the intersection, Mr. Antonio glimpsed the bus. He testified that he ducked down because he thought the bus was coming at him. He was unable to say how fast the bus was going. He heard a bang and told Mr. Williams that the bus had hit the back of the trailer, and that he should go back. Mr. Williams did not respond and did not slow down. He proceeded south on 142 nd Street towards 87 th Avenue.

[ 44 ] Mr. Antonio testified that he pleaded with Mr. Williams three or four times to let him out of the vehicle because he was scared and shocked at what had happened.. Mr. Williams pulled the truck to the curb lane at about 88 th Avenue. Mr. Williams said: “Nobody is going to find you here.” Mr. Antonio did not know what he meant by that. Mr. Antonio got out. [ 45 ] Once out of the car, Mr. Antonio headed north towards the accident. He went to the IGA store and called his foreman. His safety supervisor arrived and they walked together to the scene. Mr.

Sieben had gotten out of the truck at 87 th Avenue and joined Mr. Antonio. [ 46 ] Mr. Antonio testified that while he had no experience seeing people using drugs, he would recognize the smell of marijuana and did not smell any that day. When asked to describe Mr. Williams on the day of the accident as compared to other days, Mr. Antonio said: “He seemed normal to me.” (

h) Derrick Sieben [ 47 ] Mr. Sieben is 19 years of age. He was employed by the City of Edmonton in the summer of 2001. He had worked with Mr. Williams on a crew on three occasions prior to September 4, 2001, each for a full day. He attended the general safety meeting from about 7:00 to 7:30 a.m. that morning, but could not recall what was discussed. He was assigned to the pot hole truck with Mr. Williams and Mr. Antonio. [ 48 ] Mr.

Sieben testified that, generally, when a crew was preparing to leave for a job site, they would put water in the barrel of the packer, fill up with gas, fuel the roller, and grab their tools. He recalled that while he was waiting in the passenger side of the front seat, Mr. Williams came out to the truck with the wrong keys. He thought that after obtaining the correct keys, Mr. Williams drove through the washer bay for water. The gas pump, which Mr. Sieben believed might require the typing in of a code, is just outside the City yard. He was not sure whether or not the crew got gas. He recalled Mr.

Williams getting out and doing something. They then picked up Mr. Antonio and proceeded to the 7-Eleven like every other day. [ 49 ] Mr. Sieben said he showed Mr. Williams a picture of the Sunshine Girl in the Edmonton Sun, but he did not think that Mr. Williams noticed. [ 50 ] Mr. Sieben was asked whether he recalled anything unusual about Mr. Williams. He testified that he noticed that Mr. Williams was not very talkative, but otherwise nothing seemed out of the ordinary. He recalled that at the 7-Eleven Mr. Williams gave the clerk a toonie.

The clerk was going to give him his change, but he had walked out already. That was all that stuck out in Mr. Sieben’s mind. [ 51 ] Mr. Sieben testified that he went back to the truck, put his coffee in the holder, and read his paper. He recalled that on leaving the 7-Eleven, Mr. Williams almost side-swiped a vehicle. The driver of the other vehicle had the right of way and Mr. Sieben recalled the screeching of brakes. He said Mr. Williams acknowledged the occurrence and shrugged it off like it was a mistake, although both commented that Mr. Williams might be written up for it. [ 52 ] Mr.

Sieben testified that they were driving in a residential area and got lost. He said no one knew quite where the job site was. The address was written on a paper on the sun visor but he was not familiar with the City. Mr. Williams asked if they should go back to the City yard. This struck Mr. Sieben as very unusual as they had just started the day. When asked if there was anything else about Mr. Williams’ driving that he noticed, Mr. Sieben said they kind of rolled through a stop sign at a residential crossing. He did not notice any other noises - horns or brakes. [ 53 ] Mr.

Sieben testified that they stopped at a stop sign at an intersection where there was a traffic light overhead. While they were stopped, Mr. Antonio said turn right to which Mr. Williams responded that if he kept listening to Mr. Antonio, they would never get there.

[ 54 ] According to Mr. Sieben, Mr. Williams then proceeded left into the southbound lane of 142 nd Street. The traffic was quite busy as it was early morning and people were going to work. Mr. Sieben felt that it was very unsafe to enter the intersection. As Mr. Williams made the left turn, Mr. Sieben saw the bus. He did not recall hearing a horn. He said the motorcycle was hidden behind the bus and as they turned left he saw the bike for a brief second. He heard a crash or a bang noise and felt the collision but he did not know what had been hit. He did not think he looked back. He said Mr.

Williams kept on driving and Mr. Antonio asked that he be let out. [ 55 ] Mr. Sieben did not think that he said anything about the collision. He was in shock and did not know what had happened. He did not know if they had hit someone or someone else had hit them. He felt that his safety was in Mr. Williams’ hands. He did not recall any conversation. He did not know at the time why Mr. Antonio hopped out. He recalled saying as they entered the traffic circle, “Pull over and we can fall asleep.” He was trying to get Mr. Williams to pull over and he tried to comfort him.

When the person in the green Dodge Truck pulled in front of the City truck, Mr. Sieben got out and ran to Mr. Antonio. Mr. Sieben testified that he was scared and flustered. He heard the reverse beep on the City truck. Mr. Williams then put the City truck into drive and rammed the green truck. [ 56 ] Mr. Sieben was asked how Mr. Williams presented to him. He said that, after the collision, he knew something was wrong because Mr. Williams kept on going. There had not been much conversation before that. [ 57 ] In cross-examination, he said that he did not question Mr.

Williams pulling up to the gas pumps and not gassing up. He thought that perhaps he had not checked the gas levels. Although Mr. Williams was not talkative that morning, Mr. Sieben thought it was just because it was early and Mr. Williams was one of those people who do not like to talk early in the morning. He could not say if this was unusual for Mr. Williams. [ 58 ] Mr. Sieben was asked whether he noticed anything wrong with Mr. Williams before the collision. He said Mr. Williams’ driving was alright. He made a driver error at the 7-Eleven. He was not speeding erratically. Mr.

Sieben did not think anything was wrong until after the accident. He explained his comment after the accident that they should “pull over and sleep” as panic. He said he was flustered and shaken up. 2. Police Witnesses (

a) Constable Zee [ 59 ] Cst. Zee was qualified as an expert in motor vehicle collision analysis and reconstruction. He is a police officer of 23 years experience. Since joining the traffic unit of the EPS in 1998, he has been involved as the lead investigator in 12 fatal collisions, 40 injury collisions, and 26 police service collisions. He was dispatched to the scene of the collision in question on September 4, 2001 at 8:41 a.m., arriving at the scene at 9:05 a.m. [ 60 ] Cst. Zee examined the scene of the collision and took a number of photographs and measurements.

As a result of his technical analysis, he concluded that the City truck had pulled away from the stop sign at the Drive when it was unsafe to do so. [ 61 ] According to Cst. Zee’s evidence, the motorcycle was traveling at around 55 kilometres per hour in a 60 kilometres per hour zone. Ms. Martin’s sight line would have been obscured by the bus in the curb lane. She only would have been aware of the threat of the truck when it encroached into the inside northbound lane, past the front of the bus. It was apparent to Cst. Zee from the absence of an off-set skid that Ms. Martin had applied the rear brake only.

The skid mark drifted left. [ 62 ] Cst. Zee conducted a time distance technical analysis to see where Ms. Martin was when she perceived the threat and the distance she traveled after she took evasive action. He concluded that she traveled between 22.93 and 25.02 metres during the perception and reaction stage. She then applied the rear brake of the motorcycle, causing a fishtail movement. He was of the view that she must have felt the rear end sliding to the left. The motion scared her. As a natural response to correct the skid, she released the rear brake some 12.5 metres away from the impact.

The road surface was in pristine condition. [ 63 ] Cst. Zee expressed his opinion that the collision could have been avoided; first, by the truck driver remaining on the Drive until it was safe to enter the road; and second, by the motorcyclist applying both front and rear brakes. Using maximum braking

potential, she could have stopped 4.74 to 7.93 metres south of the impact. Both the motorcycle and the truck braking systems were adequate. Ms. Martin had completed the Edmonton Safety Council Motorcycle course and had ridden her motorcycle 4,800 kilometres. Cst. Zee stated that it is not uncommon, however, for someone to fail to respond in the best manner or to use the best avoidance technique when a collision is perceived. [ 64 ] In cross-examination, Cst. Zee acknowledged that the obstruction of view for both Mr. Williams and Ms. Martin caused by the bus was a fact material to the collision. (

b) Sergeant Lillies [ 65 ] Sgt. Lillies has been a police officer for over 23 years and has had experience in dealing with people who have consumed drugs. He was dispatched to the scene of the collision at 8:21 a.m. on September 4, 2001. He traveled via 87 th Avenue to 142 nd Street. He was flagged down by people pointing out an accident at that location. A civilian witness said that the City truck there had been involved in a hit and run at 142 nd Street and Valleyview Drive. Sgt. Lillies testified that the driver of the City truck had his hands at the 10:00 o’clock and 2:00 o’clock position. He was sitting looking straight ahead. He was parked in the northwest

section of the intersection, as though intending to go west. He had had a collision with the witness’ vehicle. [ 66 ] Sgt. Lillies parked his police vehicle almost right beside the trailer that the City truck was towing. He opened the door to the truck and informed the driver that he was under arrest. The driver kept looking ahead, hands in the same position, gripping the wheel tightly. Sgt. Lillies testified that he touched the driver’s arm. The driver got out of the truck. Sgt. Lillies again stated that he was under arrest. The driver started walking away and said: “There is no need for that.” Sgt.

Lillies grabbed the driver’s arm to stop him, and handcuffed him. The driver tensed up but was not trying to fight. Sgt. Lillies handed him over to Cst. Pelletier and proceeded to the scene of the hit and run. [ 67 ] Sgt. Lillies testified that he probably spent less than a minute with the driver. Sergeant Lillies recalled thinking as he left that the driver’s actions were consistent with a person who had used marijuana: he had a grave look, he was slow to respond to a verbal command, he had clear but slow speech. He said that the driver did not display or complain of injury.

There was no odor of either marijuana or alcohol about him. [ 68 ] Sgt. Lillies said in cross-examination that he would have expected a different reaction from the driver - eye contact, or conversation. What occurred seemed strange. He agreed that the word “dissociative,” meaning not acknowledging someone’s presence or the environment at all, would be a very good description of the driver. The driver was not reacting to or stimulated by anything. He was in his zone. He acted as though Sgt. Lillies was not there.

He did not respond to a command to step out of the vehicle, but when touched on the arm he stepped out. Sgt. Lillies was of the view that when the driver walked away from him, he was not trying to escape. He thought that it was very possible the driver was not aware of the situation. (

c) Detective Keoin J. Kobi [ 69 ] Det. Kobi has been with the EPS for 15 years and currently is assigned to internal affairs. On September 4, 2001 he was in Patrol Division. He arrived at the scene of the collision at 8:27 a.m. to find fire and emergency medical staff already there. He was the first police vehicle at the scene and because he could see that Ms. Martin’s injuries were very serious, he asked that Traffic Division respond. He then played a secondary role in providing assistance to Traffic, including attending to the witnesses. [ 70 ] Det. Kobi left the scene at 11:13 a.m. for West Division.

Once there, he agreed with Cst. Pelletier that he would take Mr. Williams to the hospital for an examination. He testified that EPS policy requires that if a prisoner’s health is in question, the prisoner must be taken to a doctor before being lodged in cells. [ 71 ] At 11:56 a.m., Det. Kobi went to holding cell No. 134, unlocked the door, and found Mr. Williams lying on a bench in the cell. Det. Kobi said that when he asked Mr. Williams to sit up, Mr. Williams did so. He had an expressionless look on his face and his eyes were glassed over. He did not appear to be focusing on anything. Mr.

Williams indicated he wanted to urinate. Det. Kobi told him

where he could do so. However, Mr. Williams continued to sit and did not stand up. It was not until the fourth instruction to stand that Mr. Williams complied. Det. Kobi asked Mr. Williams to leave the cell and he did so. He asked Mr. Williams to put his hands behind his back, but he put them up instead. He had to instruct Mr. Williams two more times before he complied with the request to put his hands behind his back. Det. Kobi placed handcuffs on Mr. Williams. [ 72 ] He accompanied Mr. Williams down the hall. Det. Kobi testified that Mr. Williams was staggering from side to side for no apparent reason.

He stumbled on one of the stairs going to ground level. Again, there was nothing on the stairs to have caused this. [ 73 ] The two walked to the police car. Det. Kobi asked Mr. Williams to get in. Mr. Williams hunched over and dry heaved numerous times. Det. Kobi had to ask Mr. Williams five times to sit in the police car. Mr. Williams asked: “If you tell people things over and over, do they start to understand you?” and, “Do you tell people that?” [ 74 ] As Det. Kobi thought Mr. Williams was unpredictable, he sought assistance from Cst. Begg.

At 12:09 p.m., the three left for the Misericordia Hospital, arriving at Emergency at 12:13 p.m. On his way from the police car to Emergency, Mr. Williams walked right out of his boots, which by then were without laces. He did not seem to notice. As Mr. Williams was walking, he was humming a tune to himself. [ 75 ] Cst. Begg maintained observation while Det. Kobi provided information to the hospital. Mr. Williams was examined by Dr. Young. [ 76 ] Det. Kobi testified from his experience that the Mr. Williams’ behavior was consistent with his having used drugs, although Det.

Kobi did not offer any opinion as to what the Mr. Williams might have taken. [ 77 ] Det. Kobi acknowledged that at the preliminary hearing he had described Mr. Williams as “totally unresponsive.” Det. Kobi confirmed that Mr. Williams’ movements were slow, deliberate and robotic. He explained that by “robotic” he meant that Mr. Williams was not moving in the way that a normal person would. While Det. Kobi thought that Mr. Williams’ conduct was consistent with drug ingestion, he could not say whether it was consistent with schizophrenia. Det. Kobi acknowledged that Mr.

Williams’ remark about telling people something over and over again did not make sense contextually. Det. Kobi said that some of the observed behavior - Mr. Williams stepping out of his shoes and dry heaving - were unique in his experience. (

d) Constable Begg [ 78 ] Cst. Begg has been with the EPS for about seven years. He responded with Traffic Control Division to assist at the scene of the collision. Cst. Begg was asked to assist Cst. Kobi in transporting Mr. Williams to the Misericordia Hospital. [ 79 ] Mr. Williams was in the back of the police car. Cst. Begg could hear him whispering to himself in a soft voice and counting repetitively. In cross-examination, Cst. Begg confirmed that Mr. Williams’ counting was spontaneous rather than in response to external stimuli. The counting continued during the drive and as they walked into the hospital. Mr.

Williams walked slowly. His movements were slow and deliberate rather than robotic in the sense of being stiff. Cst. Beggs indicated that Mr. Williams spent most of the time at the hospital just staring. He looked around the room with a slow head movement. It was hard to tell if he was looking at Cst. Begg or past him. Sometimes, he was slow to respond to the nurses’ questions and at other times did not respond at all, although asked a question repeatedly. Most of the time, he did not speak. Occasionally, he mumbled. [ 80 ] Cst. Begg testified that, on one occasion, Mr.

Williams looked at him and out of the blue said that Cst. Begg was the devil. Mr. Williams pointed to a mark on his own forearm and described it as the mark of the devil. Mr. Williams mumbled about “666" and “333." Cst. Begg returned with Mr. Williams to West Division at about 2:30 p.m. He told Mr. Williams that he was not happy about having to break the news of Ms. Martin’s accident to her parents and Mr. Williams said he was sorry. (

e) Constable Pelletier

[ 81 ] Cst. Pelletier has been with the EPS for six and one half years. He responded to the collision between the City truck and Mr. Boros’ truck at the circle on 87 th Avenue and 142 nd Street. He took custody of the Accused who was already in handcuffs. Cst. Pelletier testified that Mr. Williams appeared “spaced out.” He was slow and lethargic in his movements. He had clear but slow speech. He pupils were dilated but there was no smell of alcohol. Cst. Pelletier described Mr. Williams as unsteady on his feet on the way to the police vehicle, although the roadway was smooth. [ 82 ] Cst.

Pelletier formed the opinion that Mr. Williams’ ability to operate a motor vehicle was impaired by drugs. He arrested Mr. Williams, read him his Charter caution, and asked several times if he wanted a lawyer. Cst. Pelletier said Mr. Williams seemed to comprehend what was said to him after it had been repeated several times. Mr. Williams was searched and a clear plastic bag was found in his sweatshirt. Cst. Pelletier confirmed that the contents of the plastic bag subsequently were analyzed and that there were trace amounts of cannabis resin in the bag. [ 83 ] Cst. Pelletier testified that Mr.

Williams spoke about a talking dog, about the devil, about God on a cross, and was counting numbers to himself. This type of conversation continued all the way to the west end police station. Mr. Williams also indicated that he smoked marijuana from the beginning of time and that he had taken acid forever. There was no indication Mr. Williams had suffered any injury. [ 84 ] According to Cst. Pelletier, Mr. Williams was placed in a phone room at 8:50 a.m., appeared to be talking on the phone, and was removed at 9:01 a.m. Cst. Pelletier said he asked Mr.

Williams if he had finished as his practice was to return a person to cells if they were not making further attempts to contact a lawyer. Cst. Pelletier testified that he then took Mr. Williams to the holding cell. As Mr. Williams was talking nonsense and did not appear to be coming down from his high, Cst. Pelletier took him to an interview room and videotaped his behavior for court purposes. [ 85 ] Cst. Pelletier testified that in the interview room Mr. Williams stated that he had driven into the bike and that he thought it was not there. He said he had taken acid.

He spoke about a talking dog and pink walls (the walls in the previous cell had been pink). He talked about smoking marijuana and smoking a lawyer and suggested they could smoke some now. Cst. Pelletier asked him where he kept his marijuana and Mr. Williams pointed to his chest and said that “petrified dog feces” was there too. [ 86 ] The video, which was entered at trial, shows Mr. Williams speaking of being under arrest because he was a “talking dog on the Ed Sullivan show.” He says that he wants to talk to a lawyer and that the world will end in 2006.

He sings, reads from the Legal Aid roster, indicates that he was talking to God, makes some religious references, and says that he took marijuana in Saskatchewan. [ 87 ] After the first segment of the video was shot, Mr. Williams was taken to another cell where he was monitored. At 9:55 a.m. Cst. Pelletier asked Mr. Williams about the collision with the motorbike. He testified that Mr. Williams said that he drove into the bike because he thought it was not there. He indicated he had been taking acid. At that point, Cst. Pelletier thought he would interview Mr.

Williams again to see if he had come down from his high. The second segment of the video was taken at this time. Cst. Pelletier advised Mr. Williams that Ms. Martin was in serious condition and might die. He said he needed to know what kind of drugs Mr. Williams had taken. Mr. Williams indicated he had taken two hits of acid. He said he took the acid on November 10, 2000. Cst. Pelletier then advised Mr. Williams that he was not making a lot of sense and that he would let him come down from his high. [ 88 ] Cst. Pelletier’s evidence was that he was concerned about Mr.

Williams’ safety in that he was uncertain whether his behavior was caused by a head injury or ingestion of drugs. For that reason, and to ensure no difficulty in cells, he directed other members of the police service to take Mr. Williams to the hospital. After Mr. Williams was brought back from the hospital, at 3:28 p.m., Cst. Pelletier explained to him that a young girl had died and that she was an only child on her way to school. Cst. Pelletier testified that Mr. Williams showed no emotion and made no response but rather started talking about what was on the radio.

He was then taken downtown and lodged in cells at about 4:00 or 4:30 p.m. According to Cst. Pelletier, his behavior until that time was fairly consistent. [ 89 ] In cross-examination, Cst. Pelletier agreed that much of what Mr. Williams said did not make sense. He confirmed that Mr. Williams did tell him that he had taken the acid at Ness Creek, Saskatchewan on Sunday. 3. Mr. Williams and His Friends

(

a) Jonathan Williams [ 90 ] Mr. Jonathan Williams, the Accused, is 28 years of age. His parents are school teachers. He has lived in Edmonton since the age of 11. He graduated from King’s College in 1999 with a Bachelor’s degree majoring in Environmental Science and Social Science. [ 91 ] Mr. Williams testified that he began working at the age of 13, delivering newspapers for the Edmonton Journal until he was 16. He has worked during the school year and summer breaks at a variety of occupations including serving at local restaurants and working in retail.

He worked for Home Depot Canada from 1994 to 1999, full-time in the summer and part-time during the school year, with the exception of one summer when he did an internship with a timber cruiser. In 2000, he worked at Earls and commencing in October 2000 he worked at Westfair Foods as a forklift operator, a position he maintained until the time of the collision. When he began work with the City in 2001, his job at Westfair became part-time. Since the collision, he has worked with Monogram Home Construction, a firm with which he had been employed during the summers of 1999 and 2000.

He works as an apprentice carpenter. [ 92 ] Mr. Williams testified that prior to the events in issue, he had never been diagnosed with a mental disorder, nor had he suffered any psychotic episode. [ 93 ] Mr. Williams said he used hash for the first time at the age of 19 and marijuana for the first time at the age of 21 years. In his 22 nd and 23 rd years, Mr. Williams typically used marijuana only on weekends. By the time he was 25 years of age, he was a frequent user; that is, he was using marijuana at least once a day, and at most two or three times a day.

His use of marijuana declined after the summer of 2000 but he still described it as frequent. Mr. Williams said he continued to use marijuana up to the date of the accident. It was more of a weekend habit, with occasional use during the week. [ 94 ] Mr. Williams testified that he used mushrooms for the first time at the age of 23 and sporadically, five times a year or so, after that until the time of the accident. He used Ecstasy twice in the summer of 2000, one tablet or less each time. He used LSD once in the summer of 2000, taking two doubles or four hits. He was with two friends on that occasion.

They used the LSD at about 11:30 p.m. and shortly after, went for a hike in Hawrelak Park. Mr. Williams described the experience as enjoyable and as providing visual hallucinations and a general intensity of perception. They returned to his friends’ residence at 4:00 or 5:00 a.m., ordered pizza, sat around and talked, and listened to music. Mr. Williams said that on that occasion, he returned to his own place at 7:00 a.m. and went to bed. He woke up in the early afternoon and went to work at 4:00 p.m., with no ill effects. [ 95 ] Mr.

Williams testified that on Friday, August 31, 2001, at about 9:30 a.m., he went to the Strathcona Farmers’ Market to meet some friends. They were all taking a weekend trip to Ness Creek, Saskatchewan to attend a music festival fund-raiser for the Ness Creek Music Society. While he was waiting for the group to assemble, he and some others listened to music and smoked a joint. Mr. Williams testified that he took a quarter ounce of marijuana to Ness Creek, plus some left from another purchase. He thought the two quantities were in two bags.

Others had marijuana as well. [ 96 ] He testified that at about 11:00 a.m. they left together in a school bus driven by one of the participants. Of the 19 people on the trip, Mr. Williams was good friends with a group comprised of Louis, Maigen, Chrisely, Doug, Laurie and Ashley. Mr. Williams’ evidence was that over the course of the nine-hour bus trip, he shared two joints of marijuana, ate some food, and drank water. The group arrived at the Ness Creek campground at 8:00 p.m. That evening, the group had supper, sat around the campfire, and played music. Mr.

Williams drank a bottle of red wine and shared two more joints between 8:00 p.m. and 2:00 a.m., when they went to sleep. [ 97 ] Mr. Williams testified that when he woke up on Saturday, he went for a short walk and had some fruit and water for breakfast. Mr. Williams and some others got in a van and drove to a nearby lake, where they spent the day. Mr. Williams’ evidence was that he smoked a joint of marijuana with another person at about 11:00 a.m., and had two or three pulls on a marijuana pipe over the course of the day.

At 5:00 p.m., they returned to their camp and, after dinner, proceeded to the open stage to listen to music. Mr. Williams testified that he consumed his second bottle of wine that evening, and smoked two joints. He returned to camp after the music concluded at about 1:00 a.m. and slept until about 9:00 a.m. Sunday morning. [ 98 ] Mr. Williams again went for a walk on Sunday morning and had fruit for breakfast. About mid-morning, he and four others accompanied a man named Jacob to the bus to take some LSD that Jacob had brought. Mr.

Williams testified that he was cautious about taking the acid because he knew it was powerful. The others with him had done it before and he trusted them.

[ 99 ] Jacob had a small beaker or container and a dropper. Mr. Williams said that Jacob put two drops of LSD on his tongue. It was to cost $5.00 per hit, but Mr. Williams never paid. He then rolled a joint of marijuana, which all five shared. Afterwards, they sat in the bus, talking. People then went their individual ways. Mr. Williams went with Louis and Maigen, walking through a field to a stream. Maigen was playing the mandolin. They went for a canoe ride. Mr. Williams described the experience that he was having as one of enhanced natural sensation, intense smells and amplified hearing.

After the canoe ride, the group walked down a path to a grassy space where there was an artesian well. Mr. Williams lay down in the grass in the sun and remained there or in the area for the rest of the afternoon. He was mostly by himself, thinking. [ 100 ] He described his time that afternoon as relatively pleasant, psychological, and intense. He remained lying on the grass until 6:00 p.m. and then returned to camp for water and to eat. He found that many of the ideas that he was having were overwhelming. He was trying to sort them out and was waiting to come down. He no longer wanted to be high. Mr.

Williams said that from about 8:00 p.m. and for the remainder of that evening, he sat on the outer edge of the camp with the dogs or walked back and forth across the field. [ 101 ] Mr. Williams testified that he experienced a sensation when he stopped walking as though something was threatening him or something climatic would occur. He would walk away. He was asked by his friends whether he wanted to go hear music, but replied that he was trying to determine whether to spit out his gum, an analogy for the thoughts that he was dealing with.

He felt the intensity building and decided to continue walking to deal with it. He continued walking the fields and thinking until about 2:00 a.m., when he went to bed. [ 102 ] He was unable to sleep initially because he was overwhelmed by ideas. He had strange dreams concerning people on the moon, talking dogs, him peeing in a dog’s mouth or the reverse. Eventually, he fell asleep. When he woke up in the morning he could hear his friends talking, and he thought that the bus driver had had the same dream. He felt that if he was close to people, they would be hurt.

The longer he stayed in a specific place, the more this feeling grew. He felt that if he left, the others would return to normal. He was fearful, and just attempting to survive the situation. He was trying to make the “presence” deal only with him rather than involve the others. [ 103 ] At one point, he believed he was in the Garden of Eden, that God was a dog, and that he was only able to bark. He was unclear whether this was a dream or a set of ideas. [ 104 ] Mr.

Williams testified that on the Sunday, while he was in the clearing, he associated the act of smoking as being unnatural, and did not smoke during this period. [ 105 ] Mr. Williams described his thoughts on the Sunday as having to do with right or wrong and morality. Another preoccupation that day was his concern about human waste. He was concerned that human action involved the degradation of the natural order. [ 106 ] Mr. Williams testified that, on Monday morning, he felt confused. He was unsure where he was on the issues that he felt he had to resolve. He asked if he could help clean-up.

Cheyanne, known to him through his friends, asked him for a bag. He associated it with getting rid of everything, and described feeling defeated. His friend packed his things for him. [ 107 ] Mr. Williams said that he and his friends still had their bracelets on from the music festival and he felt that, as long as they had them on, no one would ask what they were doing. He described himself as fragile and frightened at this point. He thought that he had solved a mystery and knew something he was not supposed to know - that the real world was a hell. [ 108 ] Mr.

Williams testified that, on the trip home, he felt a presence trying to convince him that he should get off the bus so that the others would not be harmed. He felt he had to turn into a dog, as a dog could warn the others of danger. [ 109 ] The bus stopped en route for supper. Mr. Williams remembered standing between the two lanes of traffic on the road past the restaurant. He had gone onto the highway to try to get back to Ness Creek and return what had been discovered. Mr. Williams recalled being in the parking log, in front of the restaurant, crawling like a dog. Louis came to see what was wrong with him. Mr.

Williams said that he felt frightened. Cheyanne would not allow him onto the bus without shoes. He believed Cheyanne was a conduit for an evil

presence. [ 110 ] Louis gave Mr. Williams a book entitled “Illusions of a Reluctant Messiah.” Mr. Williams thought the pages had been written specifically for him, as the content involved the concepts that he was having difficulty with. [ 111 ] Mr. Williams testified that during the balance of the trip home, he slouched in his seat, head down, trying to concentrate on keeping himself from jumping off the bus. When they arrived in Edmonton, he did jump from the top stair and fell into a parking metre and barrier. [ 112 ] Cheyanne loaded Mr. Williams’ gear into his sister’s car. Mr.

Williams’ evidence was that he did not want to travel with Cheyanne at the time as he feared him. [ 113 ] Mr. Williams testified that he went to Cheyanne’s home where Cheyanne lived with his girlfriend and others. He felt they were trying to take care of him. At about 8:30 p.m., they put him on the couch. He felt Cheyanne was taunting him or making fun of him. He fell asleep, with the feeling of dread still present. At 5:00 a.m., he woke up, feeling excellent. The weight of the persecution he had felt had lifted. [ 114 ] He felt as though the LSD trip was over. He said that he was going to get up and go to work.

Cheyanne suggested that he go home and write his experiences down. He did so. He drove home, took a shower, put on clean clothes. There was nothing to eat in his house. He sat down and began to write. His writings were entered as an exhibit in these proceedings. [ 115 ] Mr. Williams felt that he was fine at that point. While he was driving to work, he heard a program about a book on Bulgari diamonds. He was annoyed by the fact that the author had allowed the company to sponsor the book. He saw this as a further “capitalization of culture,” a further descent of society. [ 116 ] Mr.

Williams arrived at work at 7:00 a.m. He put his overalls on top of his clothes. He went to the lunchroom for a safety meeting. He testified that although he did not recall what the topic of the meeting was, he remembered other employees glaring at him. He discounted it. [ 117 ] After the meeting, Mr. Williams was asked to see his boss about his absence the previous Friday. He had failed to call in as required, and had been marked “away without leave.” As a result of this discussion, he was advised the notation would be removed from his record. [ 118 ] Mr. Williams testified that he left the meeting with keys.

He proceeded to his assigned truck on the north side of the lot. He attempted to start the truck, but the keys did not fit. He went into the office and they found the right keys. He went to the wash bay to fill up with water, then pulled up to the gas pumps, got out, but did not get gas. He had no explanation for that. [ 119 ] Mr. Sieben was in the truck, and they picked up Mr. Antonio in the yard. They had time to kill before starting work, as the other truck had to get supplies. They decided to go to the 7-Eleven on 111 th Avenue and 156 th Street. [ 120 ] Mr.

Williams testified that they traveled west down 114 th Avenue to 163 rd Street before he realized he had missed the turn. He had no explanation for this. They drove along 107 th Avenue and pulled into the alley behind the 7-Eleven. Mr. Williams testified that he got a small Slurpee and, because there was a bit of line-up, put down a toonie. He advised the cashier that he would pay for whatever Mr. Antonio was having and Mr. Antonio could bring the change. Mr. Williams then went to the truck. Mr. Antonio came and advised Mr. Williams that there was confusion as the cashier did not know the size of his Slurpee.

He went in and straightened the situation out. [ 121 ] Mr. Williams testified that when he returned to the truck, Mr. Sieben showed him pictures of Sunshine girls. He recalled giving an expression of disgust, looking away and shaking his head. He found it offensive that the paper would carry this material.

[ 122 ] Mr. Williams then drove north on 108 th Avenue to 156 th Street, where he turned left. He recalled both Mr. Sieben and Mr. Antonio commenting that he had almost side-swiped another car. He had not seen anyone and ignored what they said. He drove down 156 th Street, possibly turning on 95 th Avenue. He was having difficulty finding the job site, although he has lived in the west-end for a period of 17 years. He would make a turn, know that it was the wrong turn and would feel they were getting further away. They ended up on Valleyview Drive. The river valley was on the right side. Mr.

Williams described reaching the stop sign at 142 nd Street. [ 123 ] He recalled being at a stop light at one point. The light was green and it seemed to him to be green for an excessive amount of time. He remembered thinking he would have to proceed in order to make the light change. He thought the light would respond to him. [ 124 ] Mr. Williams remembered looking left at the stop sign on Valleyview Drive, seeing a bus, thinking it was stopped or stopping at the bus stop. He looked right. The traffic there was stopped.

He recalled thinking the traffic was busy and that there would not be many opportunities to proceed. As he was turning left, he looked right. He made a left turn into the east lane of 142 nd Street and started driving south, making a lane change into the west lane. He continued to drive. He recalled Mr. Antonio saying, “Stop,” and that he wanted to get out. He recalled asking why, and Mr. Antonio frantically repeating his request. Mr. Williams said, “Fine,” and pulled over. He recalled Mr. Antonio grabbing his stuff and getting out. Mr. Williams testified that he had no memory of having said anything to Mr.

Antonio. He thought that if he did say, “No one will find you here,” it was because he had surmised that Mr. Antonio wanted to disappear for the day. [ 125 ] Mr. Williams started driving down 142 nd Street. He remembered asking Mr. Sieben what he wanted to do now. He recalled the green truck then pulling in front of him and slamming on the brakes. He described being quite surprised and not knowing what was going on. He testified that the driver of the green truck then got out, walked to his window and told Mr. Williams that he had been in an accident and could not just leave the scene. Mr. Williams recalled Mr.

Sieben, jumping out. He recalled pulling the bracelet off his hand, and feeling as though he had somehow done something terribly wrong. In his head, it was more like a dream. He testified that he had the experience of being in hell, that someone was going to mark him. [ 126 ] It seemed to him as though it was outside of time, that it all happened in a moment before he responded to the driver of the green truck. He recalled trying to pull away, but his arm being grabbed, which made him feel as though he was being burned. Mr.

Williams had the perception at the time of walking up a set of stairs, that he had to go up to get out. He felt that he was in hell itself. He indicated at trial that he thought he had said to Mr. Boros: “Do you know who I am. I am the devil.” He felt possessed and had the sensation of something attempting to take him over. [ 127 ] Mr. Williams remembered trying to drive the City truck around the truck in front of him and being told to stop. He said that his truck was idling, so he did not realize it was moving forward. He did not intend to move the truck, but did not know how to stop it. [ 128 ] Mr.

Williams recalled Mr. Boros telling him not to move, and so he just sat there. He recalled the officer coming to the window. He recalled saying that: “It was not necessary.” He felt at the time as though he just had to follow the rules for the persecution to end. He testified that every time he was alone, he had the feeling of having to hold onto his sanity or some small piece of himself. It was a long process of following instructions. [ 129 ] He described being frightened. He sensed that something was trying to erase his memory of himself. He needed to protect his sanity.

He thought that if he could count to 666, he would be released. Although the number has no personal significance, Mr. Williams acknowledged at trial that it is a number associated with the devil, and is referred to in Revelations as the number with which people will be marked. He felt then that he had been marked already. [ 130 ] Mr. Williams testified that his next memory was when the police officers were asking him questions. He thought he was answering appropriately. He recalled going to the police station, taking his boots off, and the laces being taken out. He recalled trying to use the phone.

He recalled referring to the mark on his arm. He remembered telling a police officer he was going to try to count to 666, and being told that he could try but that it drives people crazy. He was relieved that he could remember numbers because he felt he was hanging onto his sanity. [ 131 ] Mr. Williams testified that he did not remember being videotaped. He did not have separate memories of the images on the

videotape. It was like he was seeing it for the first time. [ 132 ] Mr. Williams testified that he felt at the time there was something dangerous for or to people, something he was not supposed to know. He thought he was a talking dog. The thoughts that he had experienced on Monday had returned. [ 133 ] Mr. Williams recalled being taken between the cells, counting and reading numbers on the cells. He did not feel he was in hell, but rather that someone was after him, and he had to find his way out of a tormenting situation. He recalled going back to the police car and dry heaving.

He remembered being taken to the hospital and asking the doctor for help. He had the sensation that if he followed instructions, he would get out. He had a bracelet from the hospital with his name on it. He felt that his name was being smudged more each time he looked at it, and he thought that this showed how close he was to not existing. [ 134 ] Mr. Williams described going to the City cells. He remembered hearing the radio and thought it was in the context of this situation.

He felt that the City was dead, that this was post-apocalyptic, that it was after the end of the world and people had been destroyed. [ 135 ] Mr. Williams said that he seemed to remember being put in a straight jacket. He recalled pink walls, a native person banging on a window talking about a bomb in the fridge and speaking with the City Chaplain, who described his daughter as a professional dreamer. Mr. Williams said that he had just read “The Faith of Heavens,” a book in which the protagonist’s dreams change the world. He thought that this was what was going on with the Chaplain’s daughter. [ 136 ] When Mr.

Williams was taken for fingerprints, he thought he was reliving past moments. He felt he was in Kindergarten again. [ 137 ] Mr. Williams testified that he was in a health unit Tuesday night, behind plexiglass where he could be observed. He had the sensation on occasion that time had stopped and he had to restart it, or that time was going backwards. Arguments continued in his head about existence and reality. He described trying to remember who he was and who he had been. Mr.

Williams testified that he spent most of the night with his face pressed against the glass, until morning when people started coming in and going. [ 138 ] Mr. Williams testified that a friend of his, who worked at the Remand Centre, stopped by to chat with him, along with his girlfriend. Mr. Williams said that at the time he believed that he was in cells because he knew something he was not supposed to know. According to him, he did not know about the accident and did not know about Ms. Martin’s death. Mr.

Williams testified that he had no memory of the collision. [ 139 ] He indicated, however, that he did have memories of the Remand Centre. He recalled being lodged with a Caucasian inmate and a native inmate. He recalled being belligerent to the former because of old philosophies - the way Caucasians have lived in North America relative to the way Natives have. He remembered trying to rhyme. By that time, it was Wednesday afternoon. He did not eat because he was suspicious, worrying about the problem of the human waste of six billion people.

He could not solve the simplest problems, and thought he had failed. [ 140 ] Mr. Williams was put in prison garb on Wednesday afternoon. He had trouble following directions. This was taken to be disobedience. He was dropped to the floor, and started screaming. He was then put in a wheelchair. He testified that he thought he was going to be eliminated. He recalled seeing the word “neitze” on the wall. He knew Neitze was a nihilist who ended up going crazy because he could not prove what was true. A month later, he saw the word again and realized that it was “Nechi”, a Cree word. [ 141 ] Mr.

Williams testified that he had some memory of court, and thinking that the judge was going to be a dog, and that he must not say anything. He recalled being before the justice of the peace, and asking for the water on his desk. He was taken out in handcuffs. He thought he would be released outside the City and turn into a dog again. His next memory was of being held down in a room and being given a tattoo. At trial, he guessed that this was the anti-psychotic medication that was administered. He recalled waking up on Thursday morning in hospital. He had breakfast and was interviewed by Dr. Singh.

He felt people were there to help him. [ 142 ] Mr. Williams recalled going to the gym, listening to music. He saw a U2 special on T.V. and thought the music had significance to his own life. He was stuck in the moment, unable to get out. He testified that for three years prior to the accident he had been pre-

occupied with the philosophical idea that there is synchronicity which is naturally occurring and from which ideas can be reaped that point to the right action. He thought that the U2 song was about that. [ 143 ] Mr. Williams testified that on Thursday evening friends visited and he felt more normal, although he still felt as though there was something threatening. September 11 th occurred while he was there. He said that he has kept from drawing conclusion about that time period. He did feel it was very helpful in that it was regimented, he had exercise and food, and he felt safe, although suspicious at times.

He felt secluded, and kept from people asking questions. [ 144 ] Mr. Williams testified that he was certain he had only the two hits of LSD and shared one joint on Sunday. He refused marijuana on the trip back as thought he was not supposed to smoke. [ 145 ] He testified that he was wearing the same sweatshirt on Tuesday morning that he had worn all weekend, and it contained the baggie with residue of marijuana. His parents had found his stash of marijuana in a first aid box and had disposed of it. [ 146 ] After his 30-day assessment, Mr.

Williams went to court and was released on strict bail conditions requiring that he provide a urine sample every two weeks or as required, and that he be assessed. According to him, he has not taken drugs since the collision. [ 147 ] Mr. Williams also testified that he has had a hard time dealing with the fact that he was involved with someone’s death. He claimed that he has always been a strong pacifist.

He said that he feels absolutely terrible that others have suffered through his actions and has no idea how awful it must be to lose a child. [ 148 ] In cross-examination, he testified that smoking marijuana did not affect his memory; but that LSD made linear associations difficult, and had confusing aspects to it. Mr. Williams testified that on the previous occasion when he used LSD, he had felt no adverse effects. He used marijuana as well on that occasion. He conceded it was possible he was mistaken about the amount of drugs and alcohol he consumed on the Sunday prior to the accident. [ 149 ] Mr.

Williams admitted that there were occasions when he was a waiter when he went to work after having smoked marijuana. He said that he had no difficulty working at that job after having smoked. Otherwise, he usually smoked when he got home. [ 150 ] Mr. Williams said that at the latest, it was 11:00 a.m. on Sunday when they took the LSD. The LSD was in a dark coloured beaker, with a screw top dropper. Maigen and Louis had used it before and described it as beautiful. It was tasteless and dissipated immediately. He agreed that he had no way of knowing exactly how much was administered. Jacob was the trafficker.

After ingesting the LSD, they stayed in the bus and smoked a joint which Mr. Williams had rolled. [ 151 ] The conversations after taking the LSD concerned what they were seeing and feeling. By the time he returned to camp, he was waiting to come down. He attributed some of his feelings to the LSD. Some of his feelings he described as sensible - like over-flowing toilets, while others - like talking dogs, were not. He agreed that his thoughts were amplified and confused. He had not had this type of thought process before.

He agreed that he may not have a perfect recollection of everything that happened, especially since he was the most confused that he had ever been. [ 152 ] Mr. Williams said that on Monday morning, when he woke up, he was not feeling the effects of the LSD in terms of the enhanced sensations. But he had the same fear - he had either discovered something he should not know, or he offended a non-human being. Part of the fear was that someone was going to be hurt. He testified that he was not feeling the intoxicating effects of the drug, only fear. He did not tell the others.

Cheyanne, whom he had only met that weekend, had taken charge of the packing. Mr. Williams had no difficulty understanding why. [ 153 ] Others on the bus ride home may have used drugs, but Mr. Williams testified that he did not witness it. Louis offered him some, but he declined. He stayed by himself, and did not want to talk. He was trying to keep the others from learning of his fear or the reason for his fear.

[ 154 ] While the others were at supper, Mr. Williams was on the highway, trying to get back to Ness Creek. They found him crawling around the parking lot. He became afraid of Cheyanne who said he could not get back on the bus without shoes. He said that he now realizes that his fear was because of the LSD ingestion. He testified that he was experiencing something outside of reality. Mr. Williams believed that the cause of his fear was working through Cheyanne. [ 155 ] Mr. Williams also confirmed that the book he was given by Louis was pushing him further, and that the ideas were frightening him.

He did not discuss this with his friends either. He said that he attempted to convey his fear of Cheyanne to Louis, but did not do so verbally. He explained that he agreed to go to Cheyanne’s house Monday night only because Doug and Chrisely also lived there. He said that at the time it seemed he had no choice of his own. He felt safe once there, although still suspicious. [ 156 ] Mr. Williams testified that he did not have feelings of persecution when he awoke in the morning. He got in his car and drove home. He decided to go to work. He believed he brought in his food from the car. He showered and changed.

He put his sweatshirt back on, which he wore almost every day. He made notes of his experience. Mr. Williams was asked, and identified, notes that he had made concerning his fear - “something inside of us trying to kill us all; we all live in fear; fear is our only obstacle.” [ 157 ] Mr. Williams confirmed in his evidence that he was offended that the author who was being interviewed on the radio during his drive to work had advertizing in her book. He said that after a few attempts he was successful in unlocking the combination lock to his locker at work.

He went to listen to the safety advice at the meeting, but did not recall being told it was the first day of school. He understood the instruction of his foreman regarding the proper procedure to book off a day. He explained that the “sunshine girl” marketing offended his sense of values. He was asked how he reconciled his values with breaking the law every day with his drug use. He responded that it was his opinion that his use of marijuana did not affect his driving. [ 158 ] Mr.

Williams confirmed in his evidence that his memory of all of the events up to his pulling out of the 7-Eleven was good, although he did not remember any screeching of brakes. He recalled the steps leading up to his driving into the intersection at Valleyview Drive and 142 nd Street. He agreed that he entered into the intersection when it was not safe to do so. He acknowledged that the bus and motorcycle had the right of way, and that he should have waited.

He denied recollection of the bus horn; the loud crash and bang of the collision; the impact of the motorcycle; seeing the trailer rocking back and forth; or seeing Ms. Martin after the collision. He did not know he had encroached into the outside line as he turned. He did not recall Mr. Antonio telling him that there had been a collision. He said that he had a clear recollection of everything that had happened up to the stop sign, and not again until he was stopped by Mr. Boros. [ 159 ] Mr. Williams did not recall telling Mr. Boros that he was going to jail.

He had no explanation for his lack of memory; but said that he had attempted to be truthful in his evidence. [ 160 ] Mr. Williams adamantly denied having used marijuana prior to starting work on the day of the collision. Despite being a frequent user of marijuana, he denied ever having used marijuana before starting his shift at his City job. [ 161 ] In describing the fear he felt on the Tuesday of the collision, Mr. Williams said he could not communicate what he was feeling; that previously his fear was of losing his sanity, while after his arrest, he felt safer, because he was going to get help.

He recalled telling the people at Alberta Hospital about the mark on his hand being the mark of the devil. When asked if he recalled telling hospital staff that he thought he was “driving in his sleep,” he responded that it would have been recorded professionally. He confirmed his statement that, while behind the plexiglass at the Remand Centre, he had thought he was dead. (

b) Maigen Vandergiessen [ 162 ] Ms. Vandergiessen met Mr. Williams through her husband, Louis Williams, in July of 2001. Their social time involved philosophic conversation and occasional partying, including the use of marijuana. She confirmed Mr. William’s evidence that once they had reached Ness Creek, in Saskatchewan, on the Friday before the accident, they set up their tents, had dinner, and probably went to the festival to listen to music. She could not recall if they smoked marijuana that evening.

She testified that the following day they went to a nearby lake and swam to an island on the far side of the lake. She thought they probably smoked a joint at the lake. She was fairly certain that Mr. Williams accompanied them to the music festival that evening.

[ 163 ] Ms. Vandergiessen testified that on Sunday a few of the friends, including herself, Louis, Mr. Williams and her friend Jacob decided to do LSD. She believed that it was in the morning as they wanted to have the trip during the day. It was Jacob who had the acid. Mr. Williams was nervous about taking the LSD and did not know how much to take. She confirmed that he took one or two drops, which was only a half of what the others took. He wanted to take the least as he did not know how it would affect him. [ 164 ] Ms. Vandergiessen described going down to the creek and to the grassy field where Mr.

Williams lay beside a well, having an introspective trip. She said that it was a beautiful day but Mr. Williams did not seem to be having a good time. She described him as being “almost catatonic,” and said that he did not respond when she called his name. [ 165 ] Ms. Vandergiessen testified that by the time the sun started to set, Mr. Williams was in the field. She had returned to her “regular mind space.” Although it was a cool evening, Mr. Williams was not wearing a jacket. He continued to pace back and forth for hours and hours. She recalled being very worried about him. [ 166 ] Ms.

Vandergiessen testified that Mr. Williams was still out in the middle of the field when she went to bed. She felt that he was “caught in a bad trip” and could not get out. [ 167 ] Ms. Vandergiessen’s evidence was that, in her experience, the visual effects of LSD might last ten hours, but without exception she has been back in her mind space within eight hours. [ 168 ] Ms. Vandergiessen recalled packing on Monday and that everyone was very worried about Mr. Williams. He was quiet, within himself, mumbling, and not responding if spoken to. [ 169 ] Ms.

Vandergiessen testified that when they stopped to eat on the trip home, they tried to get Mr. Williams to join them as he had not slept or had anything to eat or drink. She said that he crawling on the ground for ten to fifteen minutes, saying that he was a dog. Louis went down on the ground to talk to him, but Mr. Williams would not get up. [ 170 ] Ms. Vandergiessen recalled that when they arrived in Edmonton, everyone was worried about Mr. Williams. Someone drove him to Chrisely’s home as they did not want him to be alone. She said she did not know if it was still the acid acting, although the acid started it.

In her view, it is not just

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