The driver in a fatal 2022 collision with a motorcyclist in Halfmoon Bay was sentenced at Sechelt Provincial Court on March 19.
Alison Thirkell, 28, pleaded guilty to one count of driving a motor vehicle without due care and attention. Judge Steven Merrick sentenced her to pay a $1,500 fine and a victim surcharge fee. A driving prohibition will be determined by RoadSafetyBC, six penalty points will go on Thirkell’s driving record and her insurance premiums will increase considerably, defense counsel told the court.
At around 8:40 p.m. on Aug. 24, 2022, Thirkell was driving an SUV northbound on the Sunshine Coast’s Highway 101 when she hit a motorcyclist head on in the southbound lane. Gillian Roslin Alexandra Booth, 48, was killed in the collision.
Crown counsel submitted that, at the time of the incident, it was just after sundown with little natural light, and the road conditions were clear and dry. RCMP who attended the scene noted low visibility. There were no street lights and portions of the double solid yellow lines showed significant wear. Crown counsel submitted that the worn paint gave the appearance of a broken passing line at multiple locations leading up to the collision location. There is a “Do not pass” sign on the side of the road before the collision area and an 80-kilometre-per-hour speed limit is posted in the area.
The court heard that Thirkell was estimated to be driving between 94 and 117 kilometres per hour, while Booth was estimated to be travelling at 78 to 83 kilometres per hour when the collision occurred. There was no evidence of mechanical failure or malfunction.
The only witness to Thirkell’s driving was another driver, an 84-year-old man, who had been driving in the northbound lane in front of Thirkell. His witness statement said he was travelling around 65 or 70 kilometres per hour and tapped his brakes three times when Thirkell was close behind. Crown counsel submitted that Thirkell said the vehicle she was attempting to pass had been driving erratically.
Because of the worn paint, defense counsel submitted that Thirkell believed she could pass. The lawyers submitted that she crossed the line into the southbound lane to pass the other driver on a slight incline. Thirkell said in her statement that the other driver sped up and she was unable to pass. By the time she saw the motorcycle, Thirkell couldn’t reenter her original lane. Though they both swerved, Thirkell and Booth collided. Both the Lexus and the motorcyclist ended up in the ditch.
Crown counsel submitted that firefighters arrived at the scene in three minutes. Thirkell, who remained on scene, was in shock and hyperventilating. She was the first person to locate Booth, who was dead. Thirkell did not show signs of injury or impairment, and a urine analysis later showed no evidence of drugs or alcohol.
Around a week after the collision, an RCMP constable requested the Ministry of Transportation and Infrastructure repaint the road lines in the area, Crown counsel said.
Crown counsel submitted that a reasonable driver would have paid attention to the signs and would not have attempted to pass going uphill due to obvious visibility issues. He also noted Thirkell’s guilty plea avoided a trial and her lack of driving record or criminal record as mitigating factors.
Crown counsel concluded that Thirkell’s actions fell under negligence rather than a full dangerous driving without care standard, and asked for a $1,500 fine.
Thirkell chose not to address the court directly. The defense counsel said this weighs heavy on Thirkell and that she is very remorseful of her actions. In their statements, both Thirkell and the witness said the incident happened within seconds.
Booth was riding her red Yamaha at the time of the incident. In her obituary, Booth was described as a “true Cove kid” and an independent spirit who was able to make life-long friends everywhere she went. She was a multi-talented artist and known throughout B.C. music festivals as the Renegade Pixie. Her death inspired an annual motorcycle awareness ride in her memory.
Judge Merrick told the court, “It will never be lost on me that two loving parents have experienced a hurt and a pain and a loss that no parent should ever, ever have to experience.”
While he said he appreciated the paint was worn on the road, Merrick said, “The reality of driving on Highway 101 is that there are portions of the highway where the centre lines aren’t painted as well as they should be.” He said that’s something that is known. In reference to the other driver’s speed, Merrick said, “On the Sunshine Coast, it is well known that people in our community do drive below the posted speed limit on Highway 101 and the reality is when you drive on Highway 101, a significant amount of patience is expected.”
He continued: “Driving Highway 101, each time somebody gets into the vehicle, they have to remember, you’re driving in a community… Adherence to the rules of the road is something that is expected and demanded and not wished for. You have to care because when you don’t, you risk what has occurred today — a level of pain and a level of hurt that no one should ever have had to experience.”
The judge said he accepts that Thirkell did not intend to cause harm to anybody. Merrick noted in his decision that Thirkell was crying through the entirety of the lawyers’ submissions. As he addressed the court, he expressed that there’s nothing the court can do that is proportionate with what has happened and that it is his duty to impose a sentence based on the assessment of negligence and to follow case precedent.
“To the family of Ms. Booth, I am so sorry for your loss,” Merrick said. “We just need to do better on the Sunshine Coast.”
