A 46-year-old man who went missing in the Skeena River last summer has been declared presumed dead.
On May 11 in BC Supreme Court in Prince George, Justice Ronald Tindale agreed to the application from the widow of Thomas Joseph Kelly under the Presumption of Death Act.
Tindale said he is satisfied, based on the affidavits from relatives, friends and a bank manager, that Kelly drowned on July 12, 2025 and is deceased.
“There's ample evidence in terms of the circumstances surrounding his disappearance in the river that he has not been seen or heard from,” Tindale said. “There’s no reason to believe that he is still alive. There's no spectre of foul play, or anything of that nature.”
Shauna Lynn Kelly, his wife since 1999, filed a petition in the Prince George registry on March 11, seeking the order that he be declared dead for all purposes, including for administration of his estate.
The court filing said that the man worked at West Fraser Sawmills until he went on Worker’s Compensation and was in a program to retrain as an auto service technician.
Thomas and Shauna Kelly were at the Skeena River near Usk on an acreage owned by his relatives. The river was higher than normal that day, due to recent rainfall, when the couple and their daughter went fishing.
At approximately 6:45 p.m., Thomas Kelly went into the river. He had been smoking marijuana and drinking alcohol that day, according to the petition.
After a minute, his daughter and cousin lost sight of him. He was already a half-kilometre downstream.
They rushed to tell Shauna, who called 9-1-1 and remained on the line until RCMP officers arrived.
They searched until it got dark around 10:30 p.m.
The search resumed at 5:30 a.m. the next morning. Terrace Search and Rescue and Lax Kw’alaams Search and Rescue joined in.
A large-scale search took place July 19 and another in mid-August. The latter involved a team from Manitoba equipped with sonar and drone equipment, along with boats and search dog support.
“Unfortunately, Mr. Kelly hasn't been seen or heard from since,” Tindale said.
