Several members of the Shores of Erie Wine Festival and Sobeys Amherstburg are facing liquor act charges after a fatal crash in September.
Amherstburg police say an investigation into the crash on Sept. 6, 2014 reveals alcohol as a contributing factor and 11 charges have been laid under the Liquor Licence Act of Ontario.
Police say the crash took the life of 18-year-old Emily Bernauer of LaSalle.
Bernauer was travelling along the 1300 block of 2nd Concession Road North, when the car left the roadway and struck a mailbox around 9 p.m. As a result, Bernauer was partially ejected from the vehicle. She was pronounced dead at the scene.
Post-mortem toxicology results revealed that alcohol and Tetrahydrocannabinol (THC) were in the victim’s system at the time of the collision, say police.
Officers say these were determined to be contributing factors to the collision, along with distracted driving (texting) as previously reported.
Bernauer’s family, represented by Paciocco and Mellow Injury Lawyers, said in a statement that information released by Amherstburg police was inaccurate.
“The Coroner’s Investigation Statement lists alcohol use as a contributing factor to the accident. It does not reference the presence of tetrahydrocannabinol (THC) as a contributing factor,” said the statement.
The statement said investigations have revealed that Emily was provided with and consumed alcohol at the Shores of Erie Wine Festival while working at a booth operated by Sobeys Amherstburg.
“The Bernauers have suffered a devastating loss,” says lawyer Gino Paciocco, representing her parents Christian and Kimberley Bernauer. “They have cooperated with Amherstburg police, the Alcohol and Gaming Commission of Ontario and the Ministry of Labour in their investigation.”
“They are pleased to see the results of the investigation have led to charges,” says Paciocco.
Lawyer Patrick Ducharme is representing five members of the Shores of Erie Wine Festival board.
“I have talked to members of the board, I am not able to comment on their thoughts or feelings at this time,” says Ducharme.
The board members are facing several liquor act charges, because Bernauer was a minor.
“Usually penalties are in the form of a fine, if found guilty,” says Ducharme.
Shores of Erie and Sobeys representatives will be in provincial court on Monday, March 9.
Sobeys did not return phone calls from CTV Windsor on Wednesday.
