Thursday, December 18, 2008

N.B. coroner calls inquiry into Bathurst van tragedy

Click here to read story on CBC website

The New Brunswick government is launching a coroner’s inquest into the crash that killed seven members of the Bathurst High School basketball team and one teacher after a school van collided with a transport truck almost a year ago.

Greg Forestell, the province's acting chief coroner, met with the parents of the boys involved in the heartrending highway crash on Thursday morning, where he delivered the long-awaited decision to study the events that contributed to the incident.

A coroner’s inquest brings together jury members who listen to days of expert testimony and witnesses' accounts. At the end, they offer a list of non-binding recommendations surrounding policy reforms that can be undertaken by the government.

A coroner’s inquest does not attempt to pinpoint blame for a death it investigates.

Two mothers have been putting pressure on the provincial government in recent weeks to call an inquest into the van crash.

Isabelle Hains and Ana Acevedo held a news conference last week in Fredericton where they said they believe a coroner's inquest could lead to improved safety regulations that could prevent a similar tragedy.

The small northern city of Bathurst was devastated on Jan. 12, when the van carrying the Bathurst High School boys basketball team collided with a transport truck in icy winter conditions just minutes from home. After consulting with Crown prosecutors, the RCMP announced in November that no charges will be pressed in connection with the crash.

The mothers are also pushing for a law to prevent students from travelling during bad weather while they are out of town on a school-related event. The road conditions on the night last January were treacherous from freezing rain and snow.

A report released by the RCMP earlier this year found the van involved in the collision was in poor condition. Another report by Transport Canada found the driver had been awake for 16 hours and was driving in poor weather conditions.

Those reports have resulted in some changes to transportation policies for extra-curricular school activities, including the banning of 15-passenger vans and the mandatory use of winter tires.

Telegraph Journal Editorial Supports Call for Inquest

Seek the Best Inquest Process
Click here to read Telegraph Journal Editorial

YouTube VideoClick here to read more Press Coverage and YouTube Videos

The parents of seven Bathurst teens who died in a van crash last winter are seeking a coroner's inquest. Their request has led to renewed calls to rewrite the 104-year-old Coroner's Act.



Public Safety Minister John Foran seems reluctant to do so, and we don't understand why. New Brunswick's legislation should be benchmarked against the best practices in other jurisdictions.

When the Coroner's Act was proclaimed, the science of forensic investigation had barely begun. Plane and automobile accidents were a thing of the future. Officials sorting through investigators' reports today need to understand the science of death investigation and the process of accident investigation. Coroner's juries need access to a range of expert opinion. The Coroner's Act, in its present state, does not demand the rigour an inquest requires. That's why the Canadian Bar Association and this newspaper have pushed frequently for changes.

To be effective, the coroner's office needs:

*Professional staff with forensic credentials.

*Legal standing for interested parties. In other provinces, lawyers representing victims, relatives or parties with a stake in determining what went wrong can cross-examine testimony. This ensures inquests are rigourous and thorough.

*Effective legislation. The provincial government has promised minor changes, including mandatory inquests for workplace deaths, placing the child death review committee under the coroner's office and establishing a domestic death review committee. The Act must require mandatory inquests for deaths of students on school property, engaged in school activities or otherwise under the guardianship of the education system.

Mr. Foran must ensure the inquest process is as strong in New Brunswick as it is in other provinces.

Grieving parents should not be forced to fight for a thorough review, and the quality of the inquest should not be left to chance.

Wednesday, December 17, 2008

Coroner Will Make Decision Public Thursday Morning in Bathurst

Acting Chief Coroner, Greg ForestellWe have been told that the Acting Chief Coroner, Greg Forestell, will advise the parents of his decision on a Coroner's Inquest tomorrow morning, December 19, 2008 at a private meeting in Bathurst.

A press conference will follow.

We hope and pray that Mr. Forestell will do the right thing for our sons and all the others who were killed in that terrible tragedy on January 12, 2008, and call an Inquest.

Mr. Forestell has been quoted in the media as saying that he would take a number of things into consideration in coming to a decision, including the parents' wishes and public interest in the case.

We have made our wishes clear to Mr. Forestell in a letter to him dated December 11. Click here to read letter
We are making an impassioned plea to you as mothers who have lost their children in this tragedy to call a Coroner’s Inquest immediately. Please do not make us wait until after Christmas to make this decision. We cannot bear the pain any longer.
We strongly believe that nothing less than a full Coroner's Inquest is necessary to get to the bottom of this tragedy and to ensure that nothing like it ever happens again to children on their way to extra-curricular events.

TO DO NOTHING IS A TRAGEDY WAITING TO HAPPEN.

Coroner's Inquests in New Brunswick: "Powers For Change"

We decided that we better educate ourselves about Coroner's Inquests in New Brunswick so we did a google search for the following words - coroner inquest "New Brunswick" - (New Brunswick in quotations) and we returned thousands of results.

A lot of them at the beginning were newspaper, television and radio coverage across Canada about our press conference last week and related articles since July when the Transport Canada Accident Reconstruction Report came out and the RCMP Report in November. There were also many website documents about Inquests that have taken place in New Brunswick after accidental deaths.

Deep inside some of these documents were very interesting bits of information that we would never have known because nobody will really tell you and because the Coroner's Act, which governs Inquests, is so complicated that you need a law degree to understand it. We are just ordinary people and it's way beyond our understanding to read all that legal stuff, as it is for most.

So we were glad to stumble upon a 2003 pamphlet called Coroner's Inquest Nurse-to-Nurse Legal Information from the Nurses Association of New Brunswick (NANB) that gave all kinds of easy to understand information about Inquests in New Brunswick and we thought we should share the questions and answers with everyone.

Although the recommendations are not legally binding, they are known to have great persuasive powers for change.

Click here to view Coroner's Inquest Nurse-to-Nurse Legal Information in PDF format

Will All Cases Investigated by a Coroner Proceed to an Inquest?

No, all cases investigated by a Coroner will not proceed to an inquest. Of the 1,400 to 1,500 cases investigated annually in New Brunswick, very few proceed to an inquest. During the course of the Coroner’s investigation, the Coroner’s role includes obtaining information, seizing documents, answering questions about the death and making a determination as to whether or not an inquest is warranted. In most cases, an inquest is deemed not to be warranted but an investigation is conducted and a report is prepared.

What is an Inquest?

An inquest is a public inquiry into the issues surrounding a death where there is some question about the circumstances under which the death occurred. For example, where a person has reason to believe that another person has died as a result of violence, misadventure, negligence, misconduct, malpractice, any cause other than disease or natural causes or under circumstances which require investigation, that person is obligated by law to notify a Coroner of the facts and circumstances relating to the death. The Coroner, after investigation, determines whether an inquest is necessary. An inquest seeks to answer the questions of “who died,” “when,” “where,” “how” and “by what means.” In addition to ascertaining these factual issues, determining whether any remedial or preventive action can or should be taken to prevent similar deaths from occurring in the future is a primary purpose of inquests.

An inquest is not a trial and there is no defendant or accused. In New Brunswick, inquests are conducted by a Coroner and a lay jury of five persons. A provincial statute, the Coroners Act, regulates the appointment and conduct of Coroners and governs the proceedings of the inquest itself. Coroners are not judges.

Who Will Be at the Inquest?

Generally, persons who have an interest in the outcome of the inquest (with or without their lawyers), summoned witnesses (with or without their lawyers), the Coroner, the Coroner's lawyer, five jurors, a court reporter, other Coroners to assist the Coroner as required, and interested members of the public (including media) will be present at an inquest.

What Happens During an Inquest?

The Coroner is in charge of the proceedings during an inquest. The Coroner uses the services of a lawyer, who is usually a crown prosecutor, to lead the questioning of witnesses and to provide the Coroner with advice on legal issues. Inquests are held in a variety of locations. Some settings may be or may resemble courtrooms while others may be less formal. The evidence presented during the inquest is either recorded or transcribed by a shorthand stenographer. Witnesses give testimony under oath.

Lawyers for persons who have an interest in the outcome of the inquest are asked by the Coroner to identify themselves and the persons for whom they are acting, for the record. These lawyers may submit written questions to the Coroner's legal advisor to be asked of witnesses. Lawyers for interested parties present and on the record are usually seated at the front with the Coroner's legal advisor.

Since an inquest is a public hearing, any member of the public may attend unless the public is excluded by the Coroner pursuant to section 21 of the Coroners Act. The exclusion of the public does not occur often.

At the beginning of the inquest, the Coroner gives a brief summary of the facts already known about the death and explains the procedures that will be followed during the inquest.

The Coroner, in conjunction with a lawyer, determines the order in which witnesses are called. Each witness is sworn to tell the truth. The lawyer for the Coroner leads off the questioning followed by the jurors and the Coroner. The Coroner then invites those lawyers who are on the record to submit written questions to be asked of the witness by the Coroner's legal advisor. The lawyer for the Coroner or the Coroner or the jurors may also ask supplementary questions. After completing testimony, the witness is excused and may either join the public section for the remainder of the inquest or leave.

After the witnesses who have been summoned to testify have given their evidence, it is the practice of the Coroner to invite anyone present who believes they have relevant evidence to come forward.

If people do come forward, the inquest is adjourned for a short period to allow the lawyer for the Coroner to interview these new witnesses. If it is determined that their evidence is relevant, these new witnesses are called to testify.

Once all witnesses have been called and all evidence has been presented, the Coroner charges the jury to examine all the evidence, to make its findings of fact and to consider making recommendations. The jury then adjourns to a jury room to make decisions regarding the questions of who died, when, where, how and by what means and to make recommendations regarding prevention of injury or death in similar circumstances. The exhibits accompany the jurors to the jury room. The jury makes its decisions by majority vote. Once the jury has completed its work, the jurors return to the hearing room and the findings are read out and are recorded.

The record of the inquest is forwarded to the office of the Chief Coroner who sends the recommendations and his comments to any department, agency, municipality or person the Chief Coroner believes should be concerned with the subject matter of the recommendations. Although the recommendations are not legally binding, they are known to have great persuasive powers for change.

Tuesday, December 16, 2008

It's Reasons Like This That Make Us Want a Coroner's Inquest

We couldn't believe the news about the high school swim team that traveled in bad weather conditions to a swim meet in Miramichi yesterday. [Click here to see article on CBC Radio News]

One city (Fredericton), two high schools, two principals and two completely different interpretations of the bad weather guidelines led one team to leave in bad weather and the other to wait for two hours until the weather improved. We're just lucky that there wasn't another tragedy like the one that took our son's lives.

If the people in charge of the lives of young people can make a bad decision like that with impunity, and then try to defend it when they are under so much scrutiny, shows how broken that system really is.

Ana has it on good authority that the principal at Leo Hayes didn’t even know that the swim team was on its way to the Miramichi after the decision was made to delay Yellow school buses by two hours. We understand that it was a done deal - they were already on the road before he even knew about it.

It's obvious that the school system has not learned from the tragedy of January 12, 2008 that took the lives of seven basketball players and an adult. This is a perfect example of why We need a Bad Weather law to be enforced.

Guidelines, regulations, rules and policies are not followed again and the Leo Hayes High school took a chance with the children's lives. This is a bad practice that has been going on for years and years and it's still going on in spite of the horrible tragedy last winter that killed ours sons.

When will the people who make these decisions, learn? The school system has guidelines and policies to follow for extracurricular activities and failed to do so again. That's why we need a Van Angels Law, a law that has to be obeyed, not a rule, a regulation, a policy or a guideline that can be open to any body's opinion.

A coroner’s inquest is required to deal with all aspects of extracurricular transportation for all schools. This incident in Fredericton just proves how problematic the whole issue of traveling to extracurricular activities really is. Only a Coroner’s Inquest can make recommendations that will be taken seriously.

We want a Van Angels law to be passed so that every school will know what to expect - not find ourselves in a situation where the Leo Hayes High School swim team takes a risk in bad weather while the Fredericton High School swim team doesn't.

A Coroner’s inquest is essential for the consistent protection of our children and the safety of school transportation.

Calling the Politicians (Part Two)

Today is Tuesday, December 16, 2008 and I am sad to say that we did not receive a phone call or even an email message from the Premier, Shawn Graham.

Ana called yesterday and was told that the Premier doesn’t take phone calls from "just anybody". The impression she got was that it would be a miracle if the Premier actually phoned us. I guess he was too busy yesterday with the Prime Minister to call ordinary citizens like us, two mothers who are asking for a Coroner's Inquest into the deaths of our children.

I remember him and his wife at our sons' funeral at the KC Irving Arena in Bathurst. He flew in from Fredericton and we met him downstairs. He spoke to each one of us and gave us his condolences. I remember seeing him on television, he said this was a sad day for New Brunswick and that his heart went out to the parents.

Now he cannot even pick up a phone and talk to us for two minutes to assure us that Greg Forestell, the Acting Chief Coroner is doing his best and will come to a decision soon. We aren't asking for much. We know he can't tell us when the decision will be made. I guess we are not important enough to warrant a call from him.

At least John Foran, the Minister of Public Safety, called us back and even though he didn't give us an answer about when Greg Foresteall, the Acting Chief Coroner, will make a decision, we felt better knowing that one of the most senior politicians in our province cared enough to pick up the phone and take five minutes out of his busy schedule to assure two grieving mothers that a decision will be coming soon.

We are grieving mothers, yes, but we are also concerned citizens who want a Coroner's Inquest to make recommendations for higher standards for extracurricular activities.

I cannot understand why the Premier could not make a simple phone call to us. Except for John Foran, none of them called us back. We called Kelly Lamrock, Minister of Education, Thomas J. Burke, Minister of Justice, Denis Landry, Minister of Transport and our own MLA Brian Kenny and none of them returned our calls.

At least that that one person, Minsister John Foran, left us with the impression that he is a concerned individual who took the time to call and at least listened to our concerns for a Coroner’s Inquest. It meant a lot to us and we appreciate that he took the time out of his busy day to at least pick up the phone and talk to us for five minutes. I don't think that's too much to ask of the others.

Do We Need Another Tragedy Before They Learn?

Click here to read the story and comments on CBC New Brunswick website

Swim team travel causes waves over transportation rules

Questions are being raised over school extracurricular transportation policies after a Fredericton swim team left for a competition on a day when school buses were being sidelined due to slippery conditions.

Nicolle Carlin was driving her 14-year-old sister to Fredericton High School for a 6 a.m. departure for the Provincial Swimming Championships when her van slid off the road.

Her husband, Fenton Travis, then picked them up and continued to the school where they pleaded with the coach of the swim team not to head out, pointing out that regular school buses were delayed by order of the school district.

Carlin, who is a CBC journalist, said the coach called a counterpart at Leo Hayes High School, who advised that roads were bad in parts but they had made the decision to leave for Miramichi and had already left the capital city.

Carlin was told that if parents had a problem with their children being transported to the competition on a bus they were free to pull their children off the bus.

So that is exactly Carlin and Travis did, but they were concerned that people in charge of co-ordinating extracurricular transportation have not learned since the Bathurst van tragedy from earlier this year.

"Apparently nothing's been changed since the issue last year at Bathurst," Travis said. "So we're really disappointed with that. We figured that something would have changed in the system and the buses would be off the road."

Following the Bathurst accident 11 months ago the province has been reviewing extracurricular transportation. One of its recommendations is to charge the school district superintendent with the responsibility of deciding when to cancel travel.

Seven Bathurst High School basketball players and a local teacher were killed on Jan. 12 when their van struck a tractor-trailer on Highway 8 in winter conditions while returning to Bathurst after a night game in Moncton.

Principals still make call

The two Fredericton schools have the same superintendent but different decisions were made on whether to leave for the swim competition.

Until new rules are introduced, some time in the new year according to the Department of Education, the responsibility remains with the school principals. Travis said he has a problem with that.

"There's a serious disconnect between the people advising the school buses and the people advising the athletic travel, so there has to be some kind of a connection between the travel on the regular school buses and athletic programs here in the province," he said.

In the end, the Fredericton swim coach did decide to wait two hours before heading out. They arrived safely in Miramichi.

"It's a reminder that we need to continue to review and stress protocols with all of our coaches, regardless of the situation, regardless of when it happens," said Ann Krause, the principal at Fredericton High School.

"And if there are any questions, then certainly, they need to get in touch with me."

Krause described the situation on Monday morning as "complex." She said she was already juggling schedules at her school with classes delayed by two hours because the school buses were delayed.

She says her swim coach made the right decision to wait two hours.

Defends decision

Kevin Pottle, the principal of Leo Hayes High School, defended his team's decision to leave despite the icy conditions.

"Our team left at 5:45 this morning before any decisions had been made at the district level," Pottle said.

"When the teacher and the buses arrived this morning they would have had their own drive in to use as a guide at that point and time, as well [as] any of the parents who were driving in from rural areas. Given no concern on any of their parts, the decision was made to move forward."

Monday, December 15, 2008

Isabelle Calls The Politicians (Part One)


As promised, on Monday December 15, 2008 I started at 9:50 am with my first call to Premier Shawn Graham at his office 506-453-2144. The receptionist answered the phone and I gave my name, explained who I was and the reason I was calling. I told her that I was asking for a Coroner’s Inquest into the Bathurst Tragedy and I asked to speak to the Premier. I was told that the Premier usually doesn’t accept phone calls from the public but I was given his email address premier@gnb.ca. I told the receptionist that I would appreciate a phone call back. She was very polite and said she would forward my message. I left my cell phone number and my telephone number. I thanked the receptionist and closed by saying that a phone call back would be very much appreciated.

My second phone call was to Minister of Public Safety John Foran at 9:59. I spoke to the receptionist and I told her who I was, that I am advocating for a Coroner’s Inquest and that I have a question for John Foran. She told me that Minister Foran was in a meeting, so I left a message for him to call my cell phone. The receptionist was very nice on the phone and said she was sorry to hear about what happened. I thanked her.

At 11:55 am Minster Foran returned my call. He was very polite and understanding of our concerns for a Coroner’ Inquest. He said he had no reason to doubt Greg Forestell. He said a decision will come around sooner than later, that Greg Forestell knows our views as they are very well publicized. I told him that we have written a letter to Greg Forestell and are sending out petitions every week to the Premier, to Mr. Forestell and to our local coroner in Bathurst. Mr. Foran said he couldn’t give me a date when a decision will be made because Greg Forestell hasn't given him a decision. The last he heard was a matter of weeks and that was last week, he said. He also said he doesn't know what decision Greg Forestell will come to, so I said that if Greg Forestell rules out an inquest then it's time Mr. Foran asks, "Why?" Minister Foran said to be patient and that the right decision will be made soon.

My third phone call at 10:05 am was to Kelly Lamrock, Minister of Education. The receptionist said Mr. Lamrock was out of town and would be back late this afternoon, so I left a message to call my cell phone.

My fourth phone call was to Denis Landry, Minister of Transport. His secretary returned my call.

My fifth phone call was to Thomas J Burke, Minister of Justice at 10:15 am. The secretary said she will ask if he could take the time to return my phone call. The secretary said it was a constituency day and the Minister is out of the office. The secretary said she would ask if he could take the time to return my phone call. I left my phone number.

My last phone call was to Brian Kenny our MLA at 10:30 am. I spoke to Linda Melanson from the constituency office. she said she would pass on my message to Mr. Kenny.

It is now 1:50 pm in the afternoon and I received one call back. Thank You Minister John Foran, Minister of Public Safety for your time to speak to me.

Isabelle Hains.

Come back for Part Two later....

Today We Contact The Politicians

Premier Shawn GrahamToday, Monday, December 15th, 2008, we are contacting the office of Premier Shawn Graham, the Minister of Public Safety, John Foran, The Minister of Education Kelly Lamrock, the Minister of Transportation, Denis Landry, the Minister of Justice, TJ Burke, and our MLA, Brian Kenny. (Telephone, email and mail contact information is below)

We intend to ask each and every one of them to encourage the Acting Chief Coroner Greg Forestell to call for a Coroner’s Inquest.

We are not stopping until we get an answer. The guidelines and policies are written with invisible ink and are not enforced. Children's safety must be priority number one.

We will let the public know what our plans are every day. Yesterday, more signatures supporting our petition for a Coroner’s Inquest were mailed to Premier Shawn Graham, Acting Chief Coroner Greg Forestell and to the Coroner in Bathurst Guilman Roy.

Download our Petition in PDF format

Download our petition
The contact numbers and email address are listed below. We need your support. Please help, write or call for a Coroner’s Inquest.

Premier Shawn Graham
Reception: (506) 453-2144
Fax: (506)453-7407
Internet Web Site http://www.gnb.ca/0089/index-e.asp

Centennial Building
P. O. Box 6000
Fredericton, NB
E3B 5H1

Constituency Office: Kent
79 Main Street
Unit 3
Rexton, New Brunswick
E4W 1Z9


John Foran
Minister of Public Safety
Phone (506) 453-7414
Fax (506) 453-3870
Email address John.Foran@gnb.ca

Argyle Place
364 Argyle Street
Fredericton, New Brunswick
E3B 1T9

Constituency Office: Miramichi Centre
86 Henry Street
Miramichi, New Brunswick
E1V 2N2


Kelly Lamrock
Minister of Education
Phone (506) 453-2523
Fax (506 457-4960
Email address Kelly.lamrock@gnb.ca

Place 2000
250 King Street
Fredericton, New Brunswick
E3B 9M9

Constituency Office: Fredericton-Fort Nashwaak
288 Union Street
Fredericton, New Brunswick
E3A 1E5


Denis Landry
Minister of Transportation
Phone (506) 457-7345
Fax (506) 453-7987
Email address denis.landry2@gnb.ca

Kings Place
440 King Street
Fredericton, New Brunswick
E3B 5H8

Constituency Office: Centre-Péninsule-Saint-Sauveur
1344-3 des Fondateurs Street
Paquetville, New Brunswick
E8R 1A4


Thomas J. Burke
Minister of Justice and Consumers Affairs
Phone (506) 462-5100
Fax (506) 453-3651
Email address t.j.burke@gnb.ca

Centennial Building
670 King Street
Fredericton, New Brunswick
E3B 1G1

Constituency Office: Fredericton-Nashwaaksis
288 Union Street
Fredericton, New Brunswick
E3A 1E5


Brian Kenny
MLA, Minister of State for Seniors
Minister responsible for Community Non-profit Organizations
Phone (506) 453-2057
Bathurst office phone (506) 549-5355
Fax (506) 453-2164
Email address brian.kenny@gnb.ca

Sartain MacDonald Building
551 King Street
Fredericton, New Brunswick
E3B 1E7

Constituency Office: Bathurst
209 Main Street
Suite 5 (Basement Lower Level)
Bathurst, New Brunswick
E2A 1A9

Download our Petition in PDF format

Sunday, December 14, 2008

The Worldwide Candle Lighting December 14, 2008

Ana and Isabelle invite all to remember our loved ones who passed away by illness, accident, or tragedy. Light a candle in memory of our children at 7:00 p.m.
Sunday, December 14, 2008.

229candle_heart

Saturday, December 13, 2008

MOTHERS WANT A VAN ANGELS LAW

By Isabelle: On December 3rd, 2008 I was introduced to Jim Lavoie as a person who could help us make our way through the press conference and help us with the media. He is a free-lance journalist who has considerable experience organizing press conferences. Up to this day we had not met but only through e-mails and phone calls. Ana and I were looking forward to meeting him in Fredericton.

The day of Wednesday, December 10, 2008, I left my home in Bathurst, N.B. I packed my van with all the personal items for my son Daniel so that I can share what my son loved to do and honor him with pride.

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I left at 10:30 to drive to Moncton. Ana was at school for half the day at the Moncton Community College. I picked her a up in Moncton at 2:30 p.m. She had a review week at school but this press conference was so important to her that she made the decision to miss the review on Thursday. Still, she had to write an exam on Friday morning.
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We drove to Fredericton and arrived at 5:30 at the Crowne Plaza Hotel on Queen St. across from the New Brunswick Legislature.

When we got settled in our room we waited for our facilitator, Jim Lavoie who helped organize the press conference. Jim was very organized by reserving our rooms and contacting the media and reading all the facts on guidelines and policies and regulations and acts of the school to help us so that he could understand what we wanted to do. That evening we met with Jim and prepared the agenda for the press conference. Jim explained to us about what a press conference was about and what to expect from it. Ana and I were very nervous. This was the first press conference we ever had in our entire lives and we are not public speakers but we knew we had to do it.

Ana and Isabelle and the press conference

We believe that we have to go public for a Coroners inquest. Petitions and phone call are not enough to be heard. We worked on preparing ourselves with Jim’s help for the press conference at 9:30 a.m. We had not eaten till late in the evening. We wanted this to be a successful press conference. I worked on my opening speech until 3:00 a.m. I had changed it so many times. I wanted it to be powerful and the citizens of Canada to know who I am and the kind of family life I once had.

Ana prepared herself and she knew in her mind what she wanted to say. She knew that she would say what was on her mind at the time of the press conference and only needed notes to guide her for back up. That night before the press conference was very emotional. We didn’t sleep much and didn’t know what to expect on Thursday morning.

On Thursday morning December 11th, 2008 we were up and ready by 7:00 a.m. This has not been a normal 47 weeks since that terrible tragedy that took the lives of our sons. One year ago this very day, both our boys went to their Christmas prom. I had taken pictures of Daniel and Javier in our home. They were about 12 friends all excited and happy about their night of dancing and being together. I took group pictures and pictures of Daniel alone with his friends. Ana went shopping that very day looking for dress pants for Javier. They all looked so handsome in their new suits.

This Thursday was a very different day: instead of a prom, we were preparing for a press conference. Putting personal belonging of our boys in front of our table to show that how wonderful our boys are and how proud we are of them. We both miss and love our boys so much. Today is a day for us mothers to honor our boys and not let their death go in vain. Our boys died that night for no reason. Every one of those boys and the adult had a life to live.

Nobody should have to live with the question “what if”? We have the right to full disclosure. If we donn’t voice our opinion now we will regret it for the rest of our lives because we believe that a Coroners inquest will prevent a tragedy of this magnitude from ever happening again. We believe there is enough evidence for a Coroner’s inquest to change the system. Safety is the most important issue here and that the students should not be overlooked or ignored. This was a "tragedy" that should not have happened.

A coroner's inquest does not award compensation or lay criminal charges. It makes recommendations to make changes. There is a lesson to be learned from this tragedy. These are the kinds of thoughts that were racing through our minds as press conference began that morning. At 9:30 we started our press conference with a YouTube video that we made pleading for a Coroner's Inquest .


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After the video Jim Lavoie did an opening statement and read a biography of Ana and Isabelle so that the media gathered would understand what kind of people we were, that we were just ordinary people whose lives had been changed forever by extraordinary events.

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I read my speech which took about five minutes.

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I felt confident reading. I was determined to speak loud and clear so that everyone in the room could hear. I took strength from my son Daniel. I knew he would want me to fight for changes and I felt strong and determined to get my message across.

Ana was next.

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Ana was nervous but she felt a wave of support behind her and found strength to stand up and speak. She got up and took her son's diploma to show that he was an honor student and that sport played a major part in his life. Ana felt like crying but was determined to keep her emotions aside. She did her best to get her message out to the media.

While we both did our speech there was not a sound in the room. Every word we said was heard loud and clear. Jim opened the floor to the reporters for questions. There were a few questions, but I was told later that the reason they didn't ask a lot of questions is because we had said everything they needed to know while the cameras were rolling. The reporters were very sincere and supportive and our message was sent out immediately. CBC Newsworld broadcast live from outside the hotel and reporter Andy Wilson gave a very good summary of the press conference. He said "these two ladies have a very simple message: they want a coroner's inquest".

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Later in the morning and into the early afternoon, we had a phone interview with Todd Battis of the CBC Television News at Six. They hooked us up with headphones and we spoke to him in his studio on Prospect Street from our conference room.

We also had a phone interview with Steven Murphy from CTV at 1:30. Jim was there to support us.

We were confident but still very nervous because we are not professional public speakers. The whole day was very emotional and draining but also gave us a sense of comfort and accomplishment.

We had not eaten all day but it was not our priority. We went back to our rooms and packed up all our belongings. We found out through the Environment of Canada weather station that a Weather Warning Alert was being broadcasted.

We felt we had to leave immediately to Moncton which is a 1 ½ hour drive. We left Fredericton at 3:34 to avoid driving in hazardous weather conditions. Ana and Isabelle said our good bye to Jim Lavoie, our supporter and organizer, for this event. Jim told us that he was very proud of us and that we will be in touch.

On our way back to Moncton we listened to a radio station that had our speech on from the press converence. We started to cry because we felt that the media heard our cries and put it out on the radio for everyone to hear. Our drive home was exhausting since both of us never had very much sleep or food for two days.

We watched the news and we didn’t recognize ourselves on the television. Our appearance changed so much in the last 11 months. We could hear our voices and at the same time hoping that the public would understand why we did a press conference requesting a Coroner’s inquest.

This is so important to us and to our families and friends and for the future leaders who travel to and from extracurricular activities.

We are voicing ourselves to Keep the Children Safe. This could happen to any family. Laws need to be enforced. As we found out eleven months ago with the Department of Education, guidelines, regulations, rules and policies are not laws. They can be ignored.

We received an email from Jim Lavoie. This is what he wrote: “I was just thinking of you two and I came back to send you an e-mail. I have said this many times to you today but I will say it forever I am so proud of you two. Somewhere in heaven or right around you, beside you, I picture two proud sons hi-fiving each others for all you guys did and are doing!

I met you under the worst scenario and yet you handled everything with grace and poise. You are an inspiration to me and there is going to be wave of support behind you. You both are such good people and I feel through you two that I know your sons. On a level that I can't explain I feel such a bond to the both you as if we are old friends.

Let stay in touch and I mean anytime you want to talk about anything, even if it is just to talk to me cause your bored or to talk to someone outside of your circle in Moncton or Bathurst. Lets keep in touch by email and every once in awhile we will talk on the phone.”

Jim Lavoie made us feel very comfortable. He is a sincere person and gave us all the help he could possibly give to us for our voice to be heard. Ana and Isabelle thank you for your support.

Last year today December 11th 2007 our boys were all dressed up to go to their Christmas Prom. Next month January 12, 2009 will be a year since we talked, heard, or touch our sons. A year has gone by without a hug or a kiss and the words, I love you mom. We miss our son’s everyday. Life will never be the same. We want a Coroner's Inquest to honour their memory and to make sure this never happens again to another parent or family.

Friday, December 12, 2008

Welcome to www.VanAngels.ca

Welcome to www.VanAngels.ca. This website / blog is dedicated to the memory of Javier Acevedo and Daniel Hains, two 17 year old basketball players who were killed in a tragic passenger van crash along with six others on January 12, 2008.

Click here to see YouTube videos of our Press Conference that was held on Thursday, December 11, 2008 at the Crown Plaza Hotel in Fredericton, across the street from the New Brunswick Legislature.

We Want a Coroner's Inquest



We, Ana Acevedo and Isabelle Hains, are the mothers of Javier and Daniel. We are making an impassioned plea to the Premier of New Brunswick, Shawn Graham, the Minister of Public Safety, John Foran, the Minister of Education, Kelly Lamrock, the Minister of Transportation, Denis Landry, the Minister of Justice, TJ Burke, and our own MLA, Brian Kenny, all of whom sit at the Cabinet Table, to encourage Greg Forestell, Acting Chief Coroner, Department of Public Safety, to call a Coroner's Inquest into this terrible tragedy.

You Can Help Us : Sign Our Petition

You can help us by signing our Petition and / or by contacting Greg Forestell and Hon. John Foran by email, letter or phone.

Meantime, as we wait for a decision, we have created this website in the hope that it becomes a source of reliable information on this terrible tragedy and that our calls for a Coroner's Inquest do not go unanswered.

Ana Acevedo and Isabelle Hains

Why We Want A Coroners Inquest

Isabelle Hains and Ana Acevedo
On January 12th, 2008 the Bathurst High Phantoms, a High School boy's basketball team were returning from a game in Moncton, New Brunswick, Canada when the van they were traveling in slammed into a tranport truck shortly after midnight, killing seven players and an adult. Since that time a number of facts haven been identified that could have prevented this tragedy.

It is our hope as citizens of a concerned community that a Coroner's Inquest be conducted immediately in order to shed light on the events and actions of this unforgettable evening. The public needs to know exactly what happened that night, why it happened and exactly what will be done to ensure it will never happen again.

We are asking for, and need your support to make the Government of New Brunswick listen to our cries and take action by calling for a Coroner's Inquest into the deaths of these eight individuals.

We have started a petition that we are circulating around the province. You can help us by contacting the Acting Chief Coroner, Gregg Forestall and the Minister of PUblic Safety, Hon. John Foran, to tell them that you want to see a coroner's inquest into this tragedy.

Their contact information is below:

Greg Forestell, Acting Chief Coroner
Department: Public Safety
Argyle Place
Floor: 3
P. O. Box 6000
Fredericton, NB
E3B 5H1

Phone: (506) 453-3604
Fax: (506) 453-7124
EMail Address: Greg.Forestell@gnb.ca

Hon. John Winston Foran, Minister of Public Safety
Solicitor General
Argyle Place
364 Argyle Street
Fredericton, New Brunswick
E3B 1T9
Canada

P: (506) 453-7414
F: (506) 453-3870

Constituency Office: Miramichi Centre
86 Henry Street
Miramichi, New Brunswick
E1V 2N2
Canada

Email : johnforan.mla@nb.aibn.com and / or John.Foran@gnb.ca

If you have any questions, please contact us !

Press Coverage

What follows are just some of the news articles about the call for a Coroner's Inquest into the tragedy that took eight lives on January 12, 2008.

YouTube VideoYou can also see YouTube video clips of our press conference taken Thursday, December 11, 2008 (see below) at the Crown Plaza Hotel in Fredericton, across the street from the New Brunswick Legislature.

December 18, 2008: CBC Radio News, New Brunswick
N.B. coroner calls inquiry into Bathurst van tragedy

December 18, 2008: CTV News
Coroner to hold inquest into Bathurst van crash

December 18, 2008: Telegraph Journal, Saint John, New Brunswick
Seek the best inquest process

December 18, 2008: Telegraph Journal, Saint John, New Brunswick
Pleas put outdated act in the spotlight


December 18, 2008: Daily Gleaner, Fredericton, New Brunswick
Bathurst parents to hear today whether coroner will probe fatal crash

December 17, 2008: ATV News

December 17, 2008: Max 104.9 FM, Bathurst

December 17, 2008: CBC Radio
Bathurst parents to learn Thursday if N.B. coroner will hold inquest

December 17, 2008: CBC TV News at Six

December 17, 2008: Canadian Press
Parents of boys killed in Bathurst crash to hear decision on inquest Thursday

December 17, 2008: Toronto Sun, Toronto, Ontario
Parents of N.B. van crash victims to learn about inquest

December 17, 2008: 680 News
Parents of boys killed in Bathurst crash to hear decision on inquest Thursday

December 17, 2008: CJAD News
Parents of boys killed in Bathurst crash to hear decision on inquest Thursday

December 17, 2008: CJBK Radio
Parents of boys killed in Bathurst crash to hear decision on inquest Thursday

December 17, 2008: Kelowna Daily Journal, Kelowna, British Columbia
Parents of boys killed in Bathurst crash to hear decision on inquest Thursday

December 17,2008: Orleans Star, Ottawa, Ontario
Parents of boys killed in Bathurst crash to hear decision on inquest Thursday

December 16, 2008: Bathurst Northern Light, Bathurst, New Brunswick
Mothers want answers, not to lay any blame: Van Inquest Sought

December 13, 2008: Globe and Mail, Toronto, Ontario
Victims' parents demand coroner's inquest

December 12, 2008: Telegraph Journal, Saint John, New Brunswick
Mothers take quest for inquiry to capital

December 12, 2008: Fredericton Daily Gleaner, New Brunswick
Grieving mothers plead for crash inquest

December 12, 2008: Moncton Times Transcript, New Brunswick
Parents want inquest into Bathurst crash

December 12, 2008: The Chronicle Herald, Halifax, Nova Scotia
Moms want inquest into van crash

There was so much press coverage in both the English and French press on Thursday, December 11 that we can't possibly put it all on this website. The Canadian Press story by Kevin Bisset was translated into French and was picked up across Canada and appeared in newspapers, radio, internet and television media in every province. In depth features also appeared on all the major television stations, including CBC, CTV, Global, ATV, and Rogers. Here is a sampling of some of the coverage we received in the English Media first followed by the French media.

DECEMBER 11, Press Conference in Fredericton

Part One of Press Conference: Isabelle Hains Reads from a Prepared Statement


Part Two of Press Conference: Isabelle Hains Reads from a Prepared Statement


Part Three of Press Conference: Ana Acevedo


Part Four of Press Conference: Question and Answer Period with the Press


December 11, 2008: CBC TV Newsworld, Andy Wilson Reports (view in media player)

December 11, 2008: CBC TV Newsworld
Mothers of 2 students killed in van crash demand inquiry, new laws

December 11, 2008: CBC Television News at 6 pm, New Brunswick

December 11, 2008: CBC Television, The National

December 11, 2008: CBC Radio National News at 6 pm

December 11, 2008: Global Television News

December 11, 2008: CTV Television News

December 11, 2008: Telegraph Journal, Saint John, New Brunswick
Bathurst mothers pushing harder for inquest into school van crash

December 11, 2008: Prince George Citizen, Prince George, British Columbia
Grieving mothers plead for coroner's inquest into New Brunswick van crash

December 11, 2008: Cape Breton Post, Sydney, Nova Scotia
Grieving mothers plead for coroner's inquest into New Brunswick van crash

December 11, 2008: CanadaEast.com
Grieving mothers plead for coroner's inquest into New Brunswick van crash

December 11, 2008: CBC NB
'I pray to God' for a coroner's inquest into Bathurst van crash: mother

December 11, 2008: CTV
Grieving moms want coroner's inquest into van crash

December 11, 2008: CFTKTV, Canada

December 11, 2008: CJFW, Canada

December 11, 2008: KBS Radio, Canada

December 11, 2008: CKFR, Canada

December 11, 2008: Canoe.ca, Canada

December 11, 2008: 660 News, Canada

December 11, 2008: 570 News, Canada

December 11, 2008: 680 News, Canada

December 11, 2008: The Canadian Press, FREDERICTON

December 11, 2008: CanadaEast.com, Canada

Here is some of what appeared in the French press on December 11, 2008

December 11, 2008: TQS.ca

December 11, 2008: Métro Montréal

December 11, 2008: Canoë

December 11, 2008: Jminforme.ca

December 11, 2008: La Presse Canadienne

December 11, 2008: Radio-Canada

Here is some of what appeared in the English and French press on December 10, 2008.

December 10, 2008: Canadian Press
Mothers who lost sons in N.B. van crash demand coroner's inquest

December 10, 2008: The Globe and Mail
Mothers demand coroner's inquest in van crash

Decemember 10, 2008: Daily Gleaner, Canada

Decemember 10, 2008: Times and Transcript, Moncton, New Brunswick

Decemember 10, 2008: Metro Canada - Halifax, Nova Scotia

Decemember 10, 2008: Metro Canada - Vancouver, British Columbia

Decemember 10, 2008: Edmonton Sun, Edmonton, Alberta

Decemember 10, 2008: Toronto Sun, Toronto, Ontario

Decemember 10, 2008: TheChronicleHerald.ca, Canada

The French press thoroughly covered the story in the lead up to our press conference on December 11. Here is a sampling of some of the French media coverage.

December 10, 2008: La Presse Canadienne
Tragédie de Bathurst: deux mères de victimes réclament une enquête du coroner

10 déc 2008 : Jminforme.ca

10 déc 2008 : Voix de l'Est

10 déc 2008 : TQS.ca

10 déc 2008 : Métro Montréal

10 déc 2008 : Canoë

10 déc 2008 : Hebdo Rive Nord

10 déc 2008 : Avenir de l'Est

10 déc 2008 : Cités Nouvelles

10 déc 2008 : Journal de l'Habitation

10 déc 2008 : Courrier Bordeaux/Cartierville

10 déc 2008 : Hebdo du Saint-Maurice

10 déc 2008 : Jminforme.ca

10 déc 2008 : Express d'Outremont/Mont-Royal

10 déc 2008 : Informateur de Rivières-Des-Prairies

10 déc 2008 : Journal de Rosemont / Petite Patrie

10 déc 2008 : Flambeau de l'Est

10 déc 2008 : Écho de La Tuque

10 déc 2008 : Montréal Express

10 déc 2008 : Québec Hebdo

10 déc 2008 : Journal Express

10 déc 2008 : Messager Verdun

10 déc 2008 : Journal Le Jacques Cartier

10 déc 2008 : L'Hebdo Journal

10 déc 2008 : Journal L'Action

10 déc 2008 : Info 07

10 déc 2008 : Le Plateau

10 déc 2008 : Guide Montréal-Nord

10 déc 2008 : L'Express Ottawa

10 déc 2008 : Trait d'Union

10 déc 2008 : L'Écho de Maskinongé

10 déc 2008 : Courrier Laval

10 déc 2008 : Courrier Ahuntsic

10 déc 2008 : Courrier Sud

10 déc 2008 : Journal Le Lac St-Jean

10 déc 2008 : Journal Le Courrier

10 déc 2008 : Forum 17

10 déc 2008 : Messager Lasalle

10 déc 2008 : La Voix du Sud

10 déc 2008 : Nouvelles St-Laurent News

10 déc 2008 : Progrès St-Léonard

10 déc 2008 : Hebdo Mékinac des Chenaux

10 déc 2008 : Le Reflet du Lac

10 déc 2008 : La Nouvelle

10 déc 2008 : La Nouvelle/L'Union

10 déc 2008 : L'Étoile du Lac

10 déc 2008 : Messager Lachine/Dorval

10 déc 2008 : Progrès Villeray

10 déc 2008 : La Presse Canadienne

December 9, 2008, Northern Light
Parents' views will count in van inquest decision

December 4, 2008, Telegraph-Journal
Parents' views will count in van inquest decision: Safety Chief coroner 'aware' that some Bathurst families want further investigation of tragic accident

December 4, 2008, Moncton Times Transcript
Van crash inquest considered

November 25, 2008: Bathurst Northern Light
No word yet on coroner's inquest into BHS tragedy

November 25, 2008: Campbellton Tribune, Campbellton, New Brunswick
Hold an inquest into Phantoms van crash

November 19, 2008: Fredericton Daily Gleaner
More parents call for inquiry into Bathurst tragedy

November 19, 2008: Moncton Times Transcript
Parents want inquest into fatal van crash: Mother of one of seven basketball players killed says school rule changes needed to 'make travel safe for future children'

November 19, 2008: News 91.9 Radio, Moncton, New Brunswick
Pressure mounts for coroner's inquest into Bathurst van crash

November 18, 2008: Bathurst Northern Light
A conclusion but no closure

November 18, 2008: Bathurst Northern Light
RCMP decision draws mixed reaction from parents

November 17, 2008: Telegraph Journal Editorial
Hold an inquest into Phantoms van crash

November 16, 2008: Miramichi Leader
Blame's natural, but decision's right

November 15, 2007: Montreal Gazette
Father calls for inquiry into Bathurst van crash

November 15, 2008: Telegraph Journal
Mother joins group calling for inquest into van crash

November 14, 2008: CBC
Father calls for coroner's inquest into Bathurst van crash

November 14, 2008: Miramichi Leader
Case closed on Bathurst van crash

November 12, 2008: CBC
'They just can't get away with that': Moms want charges laid in Bathurst van crash

November 12, 2008: CTV
Charges ruled out in New Brunswick school van crash article and CTV News Video

What follows are articles that followed the release of the RCMP Accident Reconstruction Report on July 28, 2008

July 29, 2008: CBC
Van in Bathurst tragedy would have failed inspection: RCMP report

July 29, 2008: National Post
Seatbelts might not have saved lives in Bathurst van crash: Transport Canada

July 29, 2008: CBC

N.B. Public Safety to review motor vehicle inspection system

July 28, 2008:Transport Canada Collision Investigation Report (PDF format)

Thursday, December 11, 2008

Ana Acevedo and Isabelle Hains



Ana and Javier Acevedo on his 17th birthday, December 30, 2007.
Ana and Javier Acevedo on his 17th birthday, December 30, 2007.
Isabelle and Daniel Hains, Christmas 2007, the night of the Bathurst High School Christmas prom.
Isabelle and Daniel Hains, Christmas 2007, the night of the Bathurst High School Christmas prom.

Ana Acevedo Bio

Ana Acevedo was born in El Salvador. She immigrated to Canada 20 years and came to Bathurst where her sister had settled. Ana has five children, three girls and two boys. Javier was her youngest son and lived with her at their home in Beresford.
Ana completed her grade 12 education at the New Brunswick Community College in Bathurst in 1992. Later she took a course in Professional Cooking at NBCC in Moncton.

Before the tragic death of her beloved son, Ana worked seven days a week at three different jobs. She was a nanny from Monday to Thursday during the day and in the evenings she worked as a custodian at the medical clinic in Beresford in the evenings. Javier used to come with her every night to work after he finished his practices and was a big help. On the weekends, she as a cook at Danny’s Inn.

Ana used to read non-fiction because she liked true stories about real life. She used to like listening to classical music and latin music but now she doesn’t have the heart for it anymore. When she listens to music at all, she’d rather hear the kind her son Javier liked, especially rap.

Since the death of Javier, Ana has changed her career. She is taking a Human Services Program in Moncton. Her goal is to become a grief counselor. First however, she is compelled to advocate for change to the laws so that a tragedy like this can never happen again.

Isabelle Hains Bio

Isabelle Hains was born and raised in Bathurst, New Brunswick. She graduated from Bathurst High High school in 1977 and married Allan Hains in 1984. They have two children; Clark born in 1988 and Daniel in 1990. Until the tragic death of Daniel, Isabelle worked for Service Canada in Bathurst.

As the boys grew up, Isabelle worked flexible hours so she could be at home with them. She had a good life. She hugged her children every day and told them that she loved them. Both her boys were huggers and not afraid to show their affection. She was a proud mother of two boys and the house was open to all their friends.

Isabelle used to enjoy listening to music of the 70’s and reading fiction novels. She was a real Mrs. Fixit and when there were repairs to do around the house she did them. She always volunteered her time to help others to do projects and had a healthy balance between work, family and friends.

Daniel was growing up and developing to be a strong young man who was going to be a good citizen.

Now Isabelle’s life has turned completely around. Instead of fiction, she reads self-help books on the grieving process and is educating herself to be knowledgeable about the policies, guidelines and regulations as well as the legal avenues that are connected with the tragedy that took her son’s life.

Today Isabelle dedicates herself full time to achieving justice for her son Daniel by fighting for changes to the laws of New Brunswick.

Letter to Acting Chief Coroner, Greg Forestell

Click here to download letter to Greg Forestell in PDF format

December 11, 2008

Mr. Greg Forestell
Acting Chief Coroner
Argyle Place
364 Argyle Street
Fredericton, New Brunswick
E3B 1T9

Dear Mr. Forestell:

We are writing to you today to request that you immediately call a Coroner’s Inquest into the tragic deaths of our sons, Javier Acevedo and Daniel Hains, who were killed, along with six others, in a passenger van collision January 12, 2008.

We have waited patiently for the Transport Canada Collision Investigation Report which was released in July, then we waited again for the RCMP Accident Report, which was released in November. Now we are in the 11th month since our children were killed and we are no closer to knowing what really happened that night than we were in July.
We are making an impassioned plea to you as mothers who have lost their children in this tragedy to call a Coroner’s Inquest immediately. Please do not make us wait until after Christmas to make this decision. We cannot bear the pain any longer.
We understand that you are considering parents’ opinions in making the decision to call a Coroner’s Inquest. We are making an impassioned plea to you as mothers who have lost their children in this tragedy to call a Coroner’s Inquest immediately. Please do not make us wait until after Christmas to make this decision. We cannot bear the pain any longer.

If you have any questions, please feel free to contact us at the address above or by telephone at _______ (Ana Acevedo cel) and / or ______( Isabelle Hains cel) / _______ (Isabelle Hains home)

Yours most sincerely,


Ana Acevedo and Isabelle Hains

Wednesday, December 10, 2008

Join Me to Ask for a Coroner's inquest




This is the picture of the T-Shirt Ana made after the RCMP Report came out in November, 2008.

The T-Shirt says.

Join me to demand a Coroner's inquest.
Our children deserve better than a borderline safety inspection.
Recommend higher standards for children transportation to and from extracurricular activities.
Protect your children it could happen to you.

Contact Us

If you have any comments, suggestions or want to help, please contact us by email at:

info@vanangels.ca

You also can write to us at:

Van Angels
c/o 204 Lakeside Ave.
Bathurst, NB
E2A 2S7
Canada

Thank you for your support!

Ana and Isabelle
Mothers of Javier and Daniel

Sunday, December 7, 2008

Sign Our Petition


A supporter signs the petition while Isabelle and Ana look on.
After the RCMP report was released on November 12, 2008 we felt that we had no choice but to go public with our concerns that a Coroner's Inquest be held into this terrible tragedy.

We have created a petition demanding a Coroner's Inquest and within a very short time we have collected several hundred signatures. You can read the text of the petition below.

Download the petition in PDF format.

Please help us by downloading a copy of our petition [Download Petition in PDF format] and circulating it in your community. Please send the completed petition to us at the following address:

Petition for a Coroner's Inquest
c/o Isabelle Hains
204 Lakeside Drive
Bathurst, NB
Canada

* Start of Petition *

We Need Your Support
____________________

On January 12, 2008, the Bathurst High Phantoms, a high school boys' basketball team were returning from a game in Moncton, when the van they were travelling in slammed into a truck shortly before midnight, killing sesven players and adult.

Since that time a number of facts have been identified that could have prevented this tragedy. It is our hope as citizens of a concerned community that a Coroner's Inquest be conducted immediately in order to shed light on the events and actions of this unforgetable night. The public needs to know exactly what happened that night, why it happened and exactly what will be done to ensure it will never happen again.

We are asking for, and need your support to make the Government of New Brunswick listen to our cries and take action by calling for a Cornoner's Inquest into the deaths of these eight individuals.

- End of Petition -

Download our Petition in PDF Format

Tuesday, December 2, 2008

The Rules Were Already There: Guideline 512, Guideline 513, Policy 504 New Brunswick Department Of Education

(Originally posted December 2, 2008 and updated May 10, 2009)

About a month after the tragedy that killed our sons, I started to search the Bathurst High School web site to see what changes could be made to the regulations and policies regarding transportation of children to off-site extra-curricular activities and events. To my utter disbelief the rules were already there for everyone to follow: the driver, the Activity Organizer, the Vice-Principal, the Principal, the Superintendent and the Captain of the Ship, Minister of Education, Kelly Lamrock.

Department of Education Changed Links to Guidelines in February 2009

The website for the Department's Guidelines and Policies can be found at http://www.gnb.ca/0000/policies.asp.

When we first made this posting in December 2008, we just linked to the page which contained the Guidelines 512 and 513, which were still on the website because they had not been changed yet.

But we just realized today, May 10, 2009, that in February 2009 the Department of Education removed the old Guidelines 512 and 513 (which were in effect at the time of the collision) and redirected the links from the old Guidelines 512 and 513 to the new Policies 512 and 513 which were introduced at the end of February 2009 to make it look like the Guidelines were Policy.

Very sneaky indeed. There's no mention of the old Guidelines on that page anywhere. Fortunately, we have copies of the old Guidelines.

WE HAVE COPIES OF THE OLD GUIDELINES

Fortunately for us, we made hard copies of the Guidelines from the website way back when we first stumbled upon them. Now that we know they are gone forever from the Department of Education website, we scanned the hard copies and turned them into PDFs so you can see for yourself what rules were already in effect at the time of the crash.

What strikes us is how everyone, from the driver all the way up to the Activity Organizer (whom we don't know but we think it's Dan MacDonald, a teacher at the High School), the former Vice-Principal Don McKay (who also happens to be part owner of Bathurst Van Inc.), the Principal Coleen Ramsay (another co-owner of Bathurst Van Inc.), the Superintendent John McLaughlin, and at the very top of the pile, the Minister of Education, Kelly Lamrock, violated the regulations and policies they were expected to follow.

Read the guidelines and policies yourself and you can see that it was abundantly clear what everyone was supposed to do.

Excerpts from the Guidelines 512 and 513 and clickable links to the PDFs are below:

Guideline 512 Student Activity Vehicles in PDF Format
Cover page
Page 1
Page 2
Page 3
Page 4

Guideline 513 Transportation to and from Off-Site School Related Activities in PDF Format
Cover page
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Appendix A, Requirements and Restrictions Established Under the Motor Vehicle Act for the Operation of Commercial Vehicles, Page 1
Appendix A, Requirements and Restrictions Established Under the Motor Vehicle Act for the Operation of Commercial Vehicles, Page 2
Appendix B Pre Trip Vehicle Inspection
Appendix C

Policy 504, Appendix B Pre Trip Vehicle Inspection

EXCERPTS FROM GUIDELINES AND POLICIES

Guidelines 512, Student Activity Vehicles
Principal’s responsibilities

4.1
A school principal should not permit students to be transported by a student activity vehicle to an off-site school-related activity unless all the requirements to this guideline and Guideline513- Transportation to and from off-Site School-Related Activities are met.

4.2
Overall responsibility for the student activity vehicle should be assigned, by the school principal, to one member of the school personnel. This person will be responsible for ensuring that the vehicle is registered, insured, maintained and equipped in accordance with this guideline.

Maintenance and other recommendations

4.16
A student activity vehicle should undergo a motor vehicle inspection every six months.

4.17
All defects or mechanical problems should either be fixed or reported immediately to the assigned person responsible for the
vehicle.

4,18
A procedure should be in place for situations involving a vehicle break down inside or outside the school district. This should be known by all drivers of the vehicle.

4.19
All required vehicle repairs should be made promptly and be performed by a certified mechanic.

4.20
The vehicle should be equipped with a fire extinguisher and a first aid kit.

4.21
The driver of a student activity vehicle should participate in a basic defensive driving skills training.

4.22
Care should be taken to ensure that tires are the proper size for the vehicle, tires should be inspected on a regular basis to ensure that they are in good condition. The use of snow tires during winter months is recommended.

4.23
Where possible it should be made apparent to motorists that the vehicle is transporting students; for example, by inscribing the school name on the side and back of the vehicle or by using reflective lettering to indicate "students on board".

___

513 Transportation to and from Off-Site School-Related Activities:

Section 4.0

Principal's responsibilities

4.1 A school principal should not permit students to be transported to an off-site school-related activity unless the requirement of this guideline are met.

Activity Organizer's reponsibilities

4.2 When organizing school-related activity that requires the conveyance of students by a motor vehicle, an activity organizer should:

a) for curricular and co-curricular activities, use only school buses or other school vehicles (as defined in Section 3.0)
b) for extra-curricular activities, give preferential consideration to the use of a school bus for suchy conveyance; and
c) not authorize overnight conveyance (i.e. travel through the night) to and from an off-site school-related activity.

Note: Provincial requirements for the maintenance and operation of school buses are identified in the Pupil Transportation Regulation.

4.3. An organizer of an extra-curricular school-related activity should only arrange for the conveyance of students to an off-site location in a vehicle other thana school bus when:

a) the off-site activity is an extra-curricular activity as defined in section 3.0;
b) it is not practical or not possible to use a school bus; and
c) all recommendations set out in section 4.0 of this guideline are followed.

4.4.

The activity organizer should ensure before each trip that;
a) the school has a readily accessible record of the names of the driver(s) and all passengers.
b) The driver has a readily accessible record of all the passengers, and
c) There is appropriate adult supervision of students being conveyed.

4.5

In circumstances where students are being conveyed in a rented, private or student activity vehicle classified as s abus (defined in 3.0), the activity organizer should also ensure that:

a) the vehicle and the driver meet the standards set in this guidline;
b) the driver or at least one of the passengers in the vehicle is trained in emergency first aid; and
c) all requirements and restrictions established under the Motor Vehicle Act in relation to the operation of commerical vehicles are followed. These rules apply to the hours of service for drivers, commercial log books, and out-of-province trip permits (see Appendix A for a description of the specific requirements and restrictions).

Vehicle Guidelines

4.6
The student should not be conveyed to an offsite school related activity in a rented, private vehicle classified as a bus or a
student activity vehicle unless
(a) is equipped with a fire extinguisher and a first aid kit
(b) has a received a pre-trip inspection in accordance with the requirements set out in Appendix B.

_____

Guideline 513

Section 4.16
No vehicle should be used to tow a trailer at the same time as it is being used to transport students to an off site school-
related activity.

Section 4.19
Groups travelling out of town should be prepared to stay overnight if weather or road conditions present a hazard.

_____

Guideline 513
Appendix A

Requirements and Restrictions Established Under the Motor Vehicle Act For the Operation of Commercial Vehicles

A vehicle is considered a commercial vehicle if it has the capacity to carry nine passengers (10 persons in total including the driver) or if it has a registered gross weight of or in excess of 4500 kg. As such, all motor vehicles classified as a bus under the guidleine are considered to be commercial vehicles.

As commerical vehicles, any time a vehicle classified asa bus is used to transport students; the following rules governing the operation of commercial vehicles must be followed.

Drivers'Hours of On-Duty Time

As per the Commerical Vehicle drivers Hours of Service Regulation (2007-39) established under the Motor Vehicle Act and the Federal Commerical Vehicle Drivesr Hours of Service REgulations (Canada), (1) no motor carrier shall request, require or allow a driver to drive and no drivers shall drive after the driver has accumulated 13 hours of driving time in a day and (2) no motor carrier shall requiest, require or allow a driver to drive and no driver shall drivef after the driver has accumulated 14 hours of on-duty time in a day. The driver must take at least 8 consecutive hours of off-duty time before driving again.

The driver must have documention in the commercial log book (see next section) of his / her on-duty time if traveling a distance in excess of 160 km (one-way) from the point of departure or oarticipating in a trip which will not return to the point of departure at the end of the day (maximum of 14 hours of on-duty time) to begin a minimum of 8 consecutive hours of off-duty time. This would include most out-of-province and overnight trips.

It is important to note that "on duty" time includes all the time than an individual works during a day including the time they spend driving. For example, if an individual came in to work at 8:00 am, worked until 4:00 pm, and then drove a sports team to another area, coached behind the bench and then drove back home at 1:05 am, that individual would have more than 14 hours "on duty" time.

Commercial Log Book

The commercial log book is a record of the driver's actions and must be completed accurately whenever the commercial vehicle
a) is used for a trip out-of-province
b) travels more than 160 kim (one-way) from its home terminal; or,
c) is used on a trip of a duration of more than 14 hours (i.e. the driver does not return to the home terminal at the end of the day to begin a minimum of 8 consecutive hours of off-duty time).

For any trip meeting one or more of these criteria, the driver must complete the Driver's Daily Log and theDriver's Vehicle Inspection Report (found on the reverse sideof the Daily Log).

Instructions on filling out the Daily Log and the INspection Report can be found on the back of the log book. In addition to filling out the Daily Log and the INspection Report, the driver must also indicate the number of hours of service that they have had "on duty" (see previous section) for the seven day period immediately prior to the trip. This information is entered in the appropriate column on the inside front cover of the log book.

Log books can be purchased from many major service stations.

Trip Permis -CAVR* and IFTA** Permits

*CANADIAN AGREEMENT OF VEHICLE REGISTRATIONS and **INTERNATIONAL FUEL TAX AGREEMENT

For travel within the Atlantic Provinces, specialized trip permits are not requ9ired.

When travelling into Quebec, all commercial vehicles must apply for trip permits. For information on the trip permits required, contact the Educational Facilities and Pupil Transportation Branch of the Department of Education or the school district transportation office.

If a vehicle is other than a provincially owned school bus and has a capacity for 20 or more passengers (or weighs more than 13,767 kg), a trip permit (International Fuel Tax Agreement or IFTA) is required to travel into Maine. The permit will cost $50.00 (USD), is valid for three days from the time of issue and can be obtained by calling the Maine Bureau of Motor Vehicles at (207) 624-9000 ext. 52137. The permit will be issued via fax. Provincially owned school buses do not require an IFTA permit.
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Guideline 513
Appendix B
Pre Trip Vehicle Inspection

DAILY:

Note: Daily items should be checked by the driver of the vehicle.

Check fluid level in engine / power steering / hydraulics / brake / clutch / coolan - if applicable
Check all engine belts / hoses for leaks and wear
Check tires for cuts / pressure / loose nuts / rims / wear
Check that all lights are clean and working
Check brake and clutch operation
Look for visible leaks arund and under the vehicle
Start engine / check all guages and instruments / horn
Inspect glass and body for damage
Check windshield wiperse / fluid
Check for unusual noises

WEEKLY:

Note: Weekly items should be checked by the individual assigned for the repairs and general maintenance of the vehicle

Check the tranmsission / differential / transfer case / gear boxes / hydraulic system for fluid level and leaks, applicable
Check battery fluid / terminals / cables
Check for loose bolts / loose or bare wires
Check exhuaust system for looseness and leaks / springs
Check air filter / connections

Important reminder: If you are traveling out-of-province, overnight or a long distance, see Appendix A to determine specific requirements and limitations that may apply in relation to trip permits and completion of log book information.