SHUBENACADIE, N.S. -- The Globe and Mail reports that a
14-year-old Stewiacke, N.S., boy who derailed a Via train seriously
injuring 23 passengers, five of whom are now disabled, will have to
face some of his victims before he is sentenced.
The pale,
slightly built youth, who cannot be identified, was barely audible
in Youth Court yesterday as he pleaded guilty to mischief
endangering the lives of the more than 120 passengers and crew and
dozens of people in the path of the train.
Crown prosecutor
Bob Hagell said the boy was seen with a hammer at a railway switch
near Stewiacke moments before the northbound 14-car passenger train
headed for Montreal was sent hurtling onto a siding and crashed into
a farm-supply store.
Other witnesses said the boy was
involved in breaking the lock, thus forcing several train cars onto
the seldom-used siding.
Mr. Hagell said it is a miracle that
no one was killed in the derailment. But 23 people were seriously
injured and five of them are disabled.
"For people who used
to be able to walk and now can't this is a major hurdle that they
have for the rest of their life," he said.
The RCMP initially
recommended the restorative justice forum in which the boy will face
some of the victims. They are hoping that he will explain what he
did to the switch, which was found badly damaged after the
derailment, and why he did it.
Restorative justice forums,
which are becoming increasingly popular in young offenders cases
across the country, invite the victims of the crime to discuss the
crime and its aftermath with the convicted person. The forum makes a
recommendation to the presiding judge who considers it before
passing sentence. Paul Poirier, a Halifax man who was in the dining
car of the Via train with his wife when the derailment occurred, is
anxious to attend the session with the boy, whom he saw for the
first time yesterday. He attended the court hearing to get a look at
the boy who caused the pain and suffering.
Mr. Poirier said
his wife lost teeth in the accident and is still undergoing surgery
for her injuries.
He insisted he isn't bitter about the
derailment, even though he thinks about it almost every
day.
"It [the court hearing] brought back a lot of emotions
from the day of the accident seeing him but I'm glad I came out to
have a look," he said. "It's just one of those things. We were just
unfortunate to be in the wrong place at the wrong time."
The
boy has not admitted to police that he tampered with the switch. But
Mr. Hagell told the court that the night after the derailment, he
left a telephone message for his father in British Columbia saying
he had switched the train off the track and more than 20 people were
hurt.
In court yesterday, the youth was hugged by his mother
as Judge Corrine Sparks ordered him to participate in the
restorative justice process before sentencing on June
12.
That sentence could range from time in custody to
community service. The boy originally pleaded not guilty to mischief
endangering life and to another charge of criminal negligence. The
criminal negligence charge was dropped yesterday.
His lawyer,
Anne Malick, said the restorative justice process would help the
boy, a special education student in junior high school, deal with
his actions in a less formal setting than a court.
"He is
reachable and he accepts responsibility. It will be so much more
effective when he is sitting down in a community setting."