Winnipeg Transit driver who was punched in face lives in fear of another assault, court told

A Winnipeg Transit driver who was punched in the face on the job goes to work every dayafraid he'll be assaulted, a court heard Wednesday.

"He gets flashbacks to the incident when passengers start to get too disruptive on the bus," Crown lawyer Theresa Cannon said at a sentencing hearing fora 35-year-old man found guilty of assaulting the driver.

"He thinks to himself, 'Please don't let this happen again.'"

The driver was on his downtown route on Graham Avenue on July 20, 2020.

Court heard a passenger who was under the influence became erratic. When the driver asked the passenger to stop swearing, the man reached around the driver's protective shield and punched himin the face.

Winnipeg Transit driver punched in face, lives in fear of another assault

3 years ago

Duration 2:25

A Winnipeg Transit driver who was punched in the face on the job goes to work every day afraid he'll be assaulted. Court heard Wednesday, that a passenger who was under the influence on the bus became erratic. When the driver asked the passenger to stop swearing, the man reached around the driver's protective shield and punched him in the face.

The driver'sleft eye was red and swollen for days. His vision was blurred, so he had to take four days off from work.

Court heard he has no permanent physical injury, but Cannon saidthepsychological damage continues.

"When it happened, he could not sleep that night and for a few days," she said.

"He didn't tell his family, as he said, 'They might tell me to quit. My kids would be upset and might be scared to get on a bus.'"

The 35-year-old man, who wasfound guilty in a judge-only trial at Manitoba provincial court, was given an 18-monthsuspended sentence Wednesday for the assault.

City wants public feedback on bus safety

The sentencing comes a day after the city's infrastructure and public works committee approved work ongetting public feedbackabout how to make Winnipeg buses safer. It will go tocity council'sexecutive policy committee for more discussion on March 16.

But the union for Winnipeg Transit driverswants the city to go to bus operators first.

"They should approach the people who are firstly affected," said James Van Gerwen, vice-president of the Amalgamated Transit Union Local 1505. He was in court on Wednesday in place of the driver who was assaulted.

"Engage the people who are fully involved in this the front-line workers."

Van Gerwen said the assault demonstrates why buses need extended shieldsto protect drivers.

He's been to court three times to support assaulted drivers since he took on his role with the union in early 2020, he said, and wantsto see more drivers pursue charges.

"The problem is, most of the assailants aren't caught," Van Gerwen said.

"Then half the time, the drivers are fearful to file charges because they feel that they're out in the public, and the people know which bus they're on. They can be targeted again."

Coun. Matt Allard (St. Boniface), who chairs the city committee thatlooks after transit safety, says thetransit department has taken stepsover the years to boost safety, including a new emergency signal system on buses.

"It must be said though, that no matter what the city does to improve safety on buses, no solution is complete without addressing the root sources of crime and violence," Allard, whowasn't available for an interview on Wednesday, wrote in an email.

"We need to go back to basics, which is providing affordable housing, education and providing people with the addictions support that they need."

Allard also said he does speak with transit drivers, both on buses he rides and at the transit advisory committeea group meant to address safety issues in the industry.

Sentencing conditions

The 35-year-old sentenced Wednesday mustfollow conditions in the community, which includenot getting on a transit bus while drunk or high and completing 20 hours of community service within ayear.

Court heard the man lives with schizophrenia and addictions, and has battled homelessness in the past. He has a criminal record, buthasn't reoffended since the 2020transit assault.

Judge Wanda Garreck called theassault "inexcusable," but said she was torn in delivering a sentence.

"That complainant and the community need to understand that if someone assaults a transit driver, you should be getting a jail sentence," she said at Wednesday's sentecing.

But she said she is"also required to consider the person that's in front of me,"and was attempting "to recognize what has brought you to where you got involved in this offence today, and to balance that with what we can do to try and prevent this from happening again."

She also acknowledged the challengeof being a Winnipeg Transit driver cominginto contact with people who may be under the influence of drugs or alcohol.

"We hear about it oftenthey end up on transit and there ends up being issues or problems for people who are just trying to learn a pretty difficult living," said Garreck.