dangerous driving causing death

Truck Driver in Brocos Bus Crash Sentenced to Prison

Written on Behalf of Affleck & Barrison LLP

Last week, Jaskirat Singh Sidhu (“Sidhu”) was sentenced to eight years in prison after pleading guilty in January to 16 counts of dangerous driving causing death and 13 counts of dangerous driving causing bodily harm.

Sidhu was the semi-truck driver involved in the Humboldt Broncos bus crash in rural Saskatchewan on April 6, 2018.

WHAT HAPPENED?

The accident occurred when Sidhu drove through a stop sign and collided with a bus carrying the Humboldt Broncos junior hockey team that was heading to a playoff game. Sidhu was traveling between 86 and 96 km/h. He passed four signs warning him about the upcoming intersection that had an oversized stop sign with a flashing light.

A forensic collision report found that Sidhu did not brake at the intersection of Highway 335 and 35 before colliding with the bus. The report also indicated that Sidhu’s view of the intersection was not impeded by any environmental factors, such as trees or sunlight.

At the conclusion of the four day sentencing hearing, Sidhu apologized to his victims and took full responsibility for the crash. He stated that the accident occurred due to his inexperience as a truck driver.

More than 90 victim impact statements were presented to the court by friends and families of the victims and hours of arguments were made by lawyers. The victim statements were emotional with some families stating that they were able to forgive Sidhu, while others admitted that they would never be able to forgive him for his role in the accident.

Sidhu’s lawyer explained that he had been hired by a small Calgary trucking company three weeks prior to the accident. He spent two weeks with another trucker and then began driving on his own. Sidhu was apparently distracted by a tarp flapping on the trailer of the truck which resulted in his missing the four warning signs regarding the upcoming intersection. His lawyer advised the court that sentencing in cases of dangerous driving ranged from 18 months to 4 ½ years.

The Crown prosecutor argued that Sidhu had enough time to slow down and stop and described Sidhu’s driving as entering the intersection “like a rocket”.  He argued that Sidhu should receive a 10-year prison sentence, followed by a 10-year driving ban.

THE SENTENCE

Judge Inez Cardinal provided her sentencing decision in a makeshift courthouse at the Kerry Vickar Centre. The victim’s family and friends wore Broncos jerseys with the last names of their loved ones on the back.  Judge Cardinal began handing down her sentencing decision by reading the names of each of the victims aloud. She described the victims as:

…gifted athletes, community leaders, and team builders with hopes and dreams for the future…Some were dreaming of having a family, while others were already raising their families.

 Judge Cardinal recognized that there has been no similar case in Saskatchewan or Canada given the number of fatalities and injuries. She acknowledged that Sidhu’s remorse and guilty plea spared the victims’ families a lengthy trial and saved him from a maximum sentence of 14 years.

Judge Cardinal stated:

It is baffling, and incomprehensible, that a professional driver, even one with little experience, could miss so many markers over such a long distance. His inattention displays risky behaviour given he saw the signs but they did not register because he continued to focus on the trailers behind him.

Sidhu was sentenced to eight years for each count of causing death, and five years for each count of dangerous driving causing bodily harm. The sentences are to be served concurrently as they all arise from the same circumstances, which means the sentences will be served simultaneously.  Sidhu was also given a 10-year driving ban, a firearms prohibition, and is required to provide bodily samples for the purpose of DNA analysis.

WHAT COMES NEXT?

Sidhu grew up in India and came to Canada in 2013. He is a permanent resident, not a Canadian citizen. As a result of his conviction and sentence, Sidhu will face deportation to India.

Under Canada’s federal law, permanent residents cannot remain in Canada if they commit a crime for which the maximum sentence is at least 10 years or their jail sentence is more than six months.

As a result of this accident, the Saskatchewan government has undertaken to make changes to the intersection where the crash occurred, promising to add rumble strips and better signage.  The government has also promised to put millions of dollars into improvements at other intersections.

Although there is mandatory training for semi-truck drivers in Ontario, training for semi-truck drivers in Saskatchewan only became mandatory last week. Training for drivers across the rest of the country will also become mandatory in 2020.

If you are facing a dangerous driving charge or need to speak with an experienced criminal defence lawyer about criminal charges laid against you or your legal rights, please contact Affleck & Barrison LLP online or at 905-404-1947. We offer a free consultation and are available to help you 24 hours a day, 7 days a week. We are available when you need us most.

Inmate Escapes from Healing Lodge in Saskatchewan

Written on Behalf of Affleck & Barrison LLP

Joely Lambourn (“Lambourn”) escaped last Friday afternoon from the Okimaw Ohci Healing Lodge near Maple Creek, Saskatchewan. Staff at the lodge discovered Lambourn missing during a routine count at 12:25 p.m.. A warrant is now out for her arrest.

Lambourn was serving a 2 ½ year sentence for dangerous driving causing death after being convicted of the death of a cyclist in May 2015 near Okotoks, Alberta.

At the time of the accident, Lambourn was a suspended driver and had a history of traffic violations for speeding and careless driving. The Judge found that Labourn was distracted while driving, likely by her cell phone, when she veered off the road and hit the cyclist, Deric Kryvenchuk.

WHAT ARE HEALING LODGES?

In 1992, the federal government passed legislation to allow Aboriginal communities to provide correctional services. This legislation was intended to improve the over-representation of Indigenous offenders in Canada’s correctional system and to address concerns that mainstream prisons do not work for Aboriginal offenders.

In 2017, more than 25% of men and 36% of women incarcerated in Canada were Indigenous. In all of Canada, Indigenous people make up 5% of the population.

Aboriginal Healing Lodges are correctional institutions where Aboriginal values, traditions, and beliefs are used to design services and programs for offenders. A holistic and spiritual approach is taken with guidance and support from Elders and Aboriginal Communities.

Healing lodges are minimum/medium–security facilities for Aboriginal women offenders. Healing lodges for Aboriginal men are minimum-security facilities. Non-Aboriginal offenders may also live at a healing lodge, but must agree to follow Aboriginal programming and spirituality.

Lodge residents have “healing plans”, similar to correctional plans. These specify areas the offender has to work on, which may include such issues as substance abuse, employment, education and family.

There are nine Correctional Service Canada (“CSC”) healing lodges across Canada. Four are managed and operated by CSC and five are managed by community partner organizations.

Okimaw Ohci Healing Lodge for women offenders in Maple Creek, Saskatchewan is managed by CSC. This was the first healing lodge to open in Canada and it has 30 beds. This facility contains both single and family residential units. Offenders may have children stay with them. Each unit contains a bedroom, bathroom, kitchenette and eating area, and a living room.

Programs in this healing lodge help offenders build strength to make changes in their lives and address vocational training, family, and children. The offenders learn how to live independently by cooking, doing laundry, cleaning, and completing outdoor maintenance chores.

Before a decision is made to move an offender to a healing lodge, an offender’s risk to public safety must be thoroughly assessed. The inmate must require a limited amount of supervision and control within the institution allowing the offender to take on responsibilities as he/she is preparing to reintegrate into the community.

TERRI-LYNNE MCCLINTIC’S STAY AT A HEALING LODGE

Okimaw Ohci Healing Lodge is the same facility that Terri-Lynne McClintic (“McClintic”) was transferred to earlier this year (the date is unknown). McClintic was only eight years into serving a life sentence for first-degree murder in the death of an eight-year-old girl, Tori Stafford (“Stafford”).

McClintic confessed to luring Stafford into the car of her boyfriend on April 8, 2009. Stafford was then sexually assaulted, murdered, and buried in a farmer’s field.

McClintic was transferred from the Grand Valley Institution for Women near Kitchener, Ontario to the healing lodge located in southern Saskatchewan.

McClintic’s transfer to the healing lodge generated passionate debate within the House of Commons and public outcry and protests. This quickly prompted changes to how the Correctional Service of Canada would decide on transferring inmates.

McClintic has been transferred back to a women’s prison in Edmonton. She is not eligible for parole until 2031.

TOUGHER RULES FOR PRISON TRANSFERS FOLLOWING MCCLINTIC TURMOIL

Earlier this month, Public Safety Minister Ralph Goodale ordered CSC to improve its policies related to the transfer of medium-security women offenders to facilities that do not have a directly controlled perimeter. These changes were effective immediately for existing and future cases.

Transfers will be required to be authorized by CSC’s deputy commissioner for women, under the new policy.

Factors considered in evaluating the suitability of transfers to facilities without a controlled perimeter, include:

  • The length of an offenders’ sentence.
  • The time remaining before an offender is eligible for an Unescorted Temporary Absence.
  • A requirement that long-term offenders be in the “preparation for release” phase of their correctional plan.
  • The institutional behaviour of the offender.

We will continue to follow any developments in the circumstances surrounding the escape of Lambourn and the transfer of McClintic as they become available and provide updates in this blog.

In the meantime, to speak with an experienced criminal defence lawyer about any charges laid against you or your legal rights, please contact Affleck & Barrison LLP online or at 905-404-1947. We offer a free consultation and are available to help you 24 hours a day, 7 days a week.