LAC-MEGANTIC, Que. -- The criminal case stemming from the 2013 Lac-Megantic rail disaster has been delayed until Dec. 1, when a trial date may be set for three men each charged with 47 counts of criminal negligence causing death.
Defunct rail company Montreal Maine and Atlantic Railway, train driver Tom Harding, railway traffic controller Richard Labrie and Jean Demaitre, the manager of train operations, have all pleaded not guilty and opted for a jury trial.
On July 6, 2013, a parked train broke loose, roared downhill toward Lac-Megantic and bounced off the tracks, wiping out much of the downtown area and killing 47 people.
Demaitre and Harding were present in court Tuesday as the case was delayed when Demaitre's lawyer, Gaetan Bourassa, recused himself because his client was told he didn't qualify for legal aid.
Bourassa said a lengthy trial and the relative remoteness of Lac-Megantic from a major centre may limit Demaitre's choices.
"The accessibility to lawyers who are available is limited," Bourassa said. "It complicates things for Mr. Demaitre to find a lawyer."
Thomas Walsh, who represents Harding, doesn't expect a trial to begin before the fall of 2016.
"That's a reasonable estimate, taking into account there is one person unrepresented and the Crown hasn't been really all that proactive about telling us what their case is all about," Walsh said in a phone interview from Sherbrooke, Que.
"We know what the facts are, but what is your case?"
The case is proceeding under a preferred indictment, with no preliminary hearing.
Walsh said the Crown also suggested possibly changing venues over concerns about finding enough bilingual jurors in the largely francophone region.
The Crown also believes the makeshift courtroom in Lac-Megantic might not be big enough to deal with a jury trial and the crush of reporters and other people who'll want to attend.
Walsh said he would look for an alternative Lac-Megantic venue such as a church basement. As for the jury, he'd attempt to form one before switching venues, instead of moving "just because you think you might not be able to form one."
A charge of criminal negligence carries a maximum sentence of life in prison upon conviction.
The charges were laid in May 2014 following a Quebec provincial police investigation into the derailment.