The B.C. Prosecution Services says charges under the Motor Vehicle Act 鈥� but not under the Criminal Code 鈥� will proceed in a fatal Kamloops crash in 2023.

Charges connected to a fatal collision in Kamloops just over year ago will proceed with prosecution under the motor vehicle act, the B.C. Prosecution Service (BCPS) confirmed Friday (Dec. 6).

On Nov. 29, 2023, Owyn McInnis of Guelph, Ont. was killed in the collision, while Riley Brinnen and Owen Waterhouse, both from Kelowna, sustained serious life-altering injuries.

All three played men鈥檚 volleyball for Thompson Rivers University.

鈥淭he circumstances of this case are tragic,鈥� said Damienne Darby, communications counsel for BCPS in a news release. "One young adult lost his life, and two others were catastrophically injured."

Darby noted a deputy regional Crown Counsel was consulted on the initial charge assessment and concluded that MVA charges are the only charges that meet the BCPS charge assessment standard, and the charge assessment decision was made with diligence and objectivity.

The accused is charged with driving without due care and attention and driving without reasonable consideration for others. While they are not criminal code charges, the charges will be heard in provincial court before a judge.

Darby said as is the 鈥渃ase with police investigations, only a portion of the evidence has made its way into the public domain.鈥� The first appearance to set dates is set for Dec. 23, 2024 in Kamloops Law Courts and because of that the BCPS said it will have no further comment.