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Kristy Provost (Left) and Riel Provost (far Right) outside of Lethbridge Courthouse Friday

Man charged in death of Pikanii Band Councillor to stand trial on three charges

Sep 13, 2019 | 3:42 PM

LETHBRIDGE, AB – A 63-year-old man facing three impaired driving related offences involving the death of a prominent Pikanii Band Councillor and sobriety advocate will stand trial on those offences.

He will be arraigned on Nov. 25, 2019 in Court of Queen’s Bench.

Douglas Bagnall has been charged with one count each of impaired driving, impaired driving causing death, and dangerous driving causing death.

42-year-old Barney Provost was killed on June 25, 2019 when a Toyota Corolla driving the wrong way on Highway 3, west of the Highway 509 intersection hit a Chevy Impala, killing the driver and injuring a 12-year-old girl.

Bagnall, who turns 63 on Saturday (Sept. 14), appeared in person in Lethbridge Provincial Court Friday for a Preliminary Inquiry wearing a standard blue and black jail jumpsuit.

At times he appeared to be listening to the proceedings, while at other times he appeared to close his eyes. His two sisters were also in attendance, along with about a dozen members of the Provost family, including widow Kristy.

Edmonton area defense lawyer William Tatarchuk was also in court and indicated that his client was prepared to plead guilty to three of four breach of condition charges.

According to the facts read out in court, after the Bagnall was released on his own recognizance on Nov. 27, 2018, he failed to check in with Lethbridge Police as required on Dec. 4, 11,18 and 25 – then again on Jan. 1, 2019. He tried checking in with police on Saturday, Jan. 5, but then missed Jan. 8 and 12.

Bagnall was also ordered to not purchase any alcohol, which he did on at least one occasion, providing a receipt to police, and was also required to maintain a residence at a specific address.

After at least two searches, Lethbridge Police found that he had checked into the Days Inn Hotel for three days. When police located him at the hotel, he smelled of alcohol, slurred his words and fell over, injuring himself. He also asked police how they found him, because he hadn’t told anyone where he would be.

Tatarchuk says his client suffers from alcohol-induced dementia, needs calendars to remind him of the days of the week, and now has an IQ of only 59. The Crown argued that Bagnall still had the capacity to check himself into a hotel and to admit that he had been hiding from police.

The judge indicated that “Mr. Bagnall must bear a moderate degree of culpability,” and sentenced him to 60 days, however it amounts to time served, because he has been in custody since January.

Outside of the courthouse, Provost’s brother Riel explained that while taking part in the proceedings gives the family some sense of closure, the wounds left after Barney’s death will never fully heal.

“We miss my brother every day. His children miss him every day. And it’s a cut that’s so deep that it will never really be repaired.”