Two workers gave emotional testimony in a B.C. Supreme Court trial this week. The case centers on a fatal crash in Nanaimo that happened on the night of September 23, 2021. Road worker Raymond Ferguson was killed after a car hit him while he was working on the Trans-Canada Highway. Another worker was badly hurt in the crash.
Christianne Marie Boufford is facing several charges. These include dangerous driving causing death, dangerous driving causing injury, impaired driving causing death, and impaired driving causing injury.
The trial is taking place in Nanaimo. It began earlier this week and is expected to continue through Friday, August 1. Justice Douglas Thompson is leading the case.
On Wednesday, July 30, two of Ferguson’s coworkers told the court what they saw and heard that night. Mike Elliott and Katherine Toews were working near Ferguson on the highway, close to Minetown and Kipp roads.
Elliott gave his statement by video from the Lower Mainland. He told the court that he heard screeching tires followed by a loud crash. He then saw Toews fly through the air and land outside their work zone.
Toews also took the stand and gave a detailed account. She said she had been warned by a coworker over the radio that a car was “coming in hot” — meaning very fast. At first, she noticed a car moving slowly and asked if that was the one being talked about.
But then, she saw a different car behind it. This car had only one working headlight and was a teal or white color. It passed the slower car and entered the work area.
“I saw the second car with one headlight coming up fast. It clipped the first car,” Toews said. “I raised my hands and said, ‘What the eff?’ That’s the last thing I remember.”
Toews suffered broken ribs and other injuries from the impact.
During cross-examination, defense lawyer Dale Melville asked Toews about the crew’s safety gear. She explained that their clothing was “retro-reflective,” which helps reflect light back to its source. However, she said that if the light comes from above — like from a streetlamp — the effect is weaker, and workers may not be seen clearly.
Both Elliott and Toews said they had followed normal safety steps that night. They had warning signs, cones, and proper lighting in place.
The trial is expected to focus on how fast Boufford was driving and whether she was under the influence of alcohol or drugs. The court will also review how visible the workers were and if all safety rules were followed.
The crash deeply affected the crew. Ferguson, a longtime worker with Hub City Paving, died at the scene. Toews was rushed to the hospital with serious injuries.
This case highlights the dangers road workers face, even when safety measures are in place. The outcome may lead to changes in work zone safety laws and better protection for workers.
As the trial continues, more evidence will be presented. The court will hear from experts and possibly more witnesses to better understand what led to the crash.
The fatal crash in Nanaimo shook the local community. Family members and coworkers are hoping the trial brings answers and justice for Ferguson.
