News release

Private Prosecution over Highway 101 Safety Stopped

Public Prosecution Service

PUBLIC PROSECUTION SERVICE--Private Prosecution over Highway 101 Safety Stopped


A private prosecution launched by Sonja Wood against Ron Russell, Nova Scotia Minister of Transportation and Public Works, over the safety of Highway 101 has been stopped by the director of Public Prosecutions.

"A thorough review of the matter concluded there are no reasonable grounds to lay a charge let alone move ahead with a prosecution," said Martin Herschorn, director of Public Prosecutions.

Mr. Herschorn stayed the prosecution in February in accordance with the independent Public Prosecution Service's authority to intervene in any private prosecution to allow time to ascertain whether the prosecution has merit.

Ms. Wood brought the charge in November 2000 alleging that Ron Russell, as Minister of Transportation and Public Works, had failed to take all reasonable steps necessary to ensure the safety of users of Highway 101 under section 19 of the province's Occupational Health and Safety Act. The charge was brought on the premise that the highway is an unsafe workplace for many who travel it.

After staying the prosecution, the Public Prosecution Service asked the RCMP to conduct a thorough investigation into the allegations. The investigation was carried out by the Commercial Crime Branch in Halifax, which has had no involvement in any Highway 101 issues until now. Mr. Herschorn explained that the branch's involvement was "to ensure the highest degree of objectivity."

The investigation included interviews with the complainant and experts in occupational health and safety, highway design and highway engineering. It also included a review of all relevant documents and the views of counsel for the parties.

The RCMP investigation concluded there is no evidence to support the charge. It also concluded that since becoming minister in December 1999, Mr. Russell has taken actions to enhance the safety of Highway 101. Evidence showed that Mr. Russell commissioned a report to examine the safety of Highway 101 and recommend changes to improve safety. The RCMP concluded that action had been taken on all 26 resulting recommendations and that the minister is working to obtain funding to twin Highway 101.

Today's decision is a culmination of a thorough eight-month review of all the relevant evidence.