Fate of truck driver in Humboldt bus crash will test sentencing system: experts

Jaskirat Singh Sidhu admitted he caused the collision that killed 16 people and injured 13

A legal expert says the punishment for the truck driver responsible for the deadly Humboldt Broncos bus crash will put Canada’s sentencing provisions to the test.

Jennifer Quaid, a law professor at the University of Ottawa, said she believes it will be difficult for a judge to arrive at a proportionate sentence for Jaskirat Singh Sidhu.

“It’s a real test of our sentencing regime,” said Quaid. “This is sort of the nightmare scenario where you have a mixture of … factors that point in different directions if you look at our sentencing law.”

Sidhu admitted he caused the collision that killed 16 people and injured 13 when he barrelled through a stop sign in his transport truck at a rural Saskatchewan intersection last April. Sidhu was not hurt.

He pleaded guilty to 29 dangerous driving charges and is to be sentenced March 22.

In a sentencing hearing this week, the Crown argued Sidhu should serve 10 years in prison and be banned from driving for 10 years. The defence, although citing cases with shorter sentences, did not propose a specific alternative.

Judge Inez Cardinal’s task will be to find a sentence that strikes a balance between the consequences of the offence and the blameworthiness of the offender, said Quaid.

READ MORE: Crown wants truck driver sentenced to 10 years in Broncos crash

While Sidhu pleaded guilty to dangerous driving, it was not a hit and run, he wasn’t impaired, nor was he speeding, or texting and driving, Quaid noted.

On the other hand, she said, the outcome of his actions was horrific.

“On the one side you got terrible consequences. On the other side you have a mistake that is not the worst of the mistakes,” she said.

“What’s the right answer?”

She believes the Crown is taking a hard line in proposing a 10-year prison sentence.

“It doesn’t seem proportionate to his moral blameworthiness,” said Toronto criminal defence lawyer Daniel Brown. “It doesn’t seem proportionate to his actions.”

Brown said determining a proper sentence for Sidhu will be challenging because the judge lacks comparable cases.

He also said the typical signs of bad driving are missing. That makes it tough to craft a sentence that discourages people from a specific action, such as drinking and driving.

“How do we deter other people from missing stop signs?” Brown said.

“He wasn’t distracted by his cellphone,” he said. ”He simply missed the traffic signal.”

Both Quaid and Brown said another significant factor Cardinal must weigh is Sidhu’s guilty plea.

“This is a person who has exactly the reaction that we hope … every person convicted or found guilty of a crime would have — to have this deep reflection, this absolute acceptance of responsibility,” Quaid said.

Stephanie Taylor, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Comox Valley Cycling Coalition AGM upcoming

The Comox Valley Cycling Coalition will have a couple of special guest… Continue reading

Risk of ‘deadly avalanches’ leads to warning for B.C.’s south coast

Weak layer of snow on Vancouver Island, Lower Mainland could trigger an avalanche

Update: Early morning shooting in Courtenay

Reporter at taped-off scene outside apartment complex

NIC hosts high school students

North Island College hosted a High School Open House Thursday at the… Continue reading

B.C. man in wheelchair following police shooting

“Shots were fired by police and the Kelowna man was transported to the hospital with serious injuries.”

Peter Tork, Monkees’ lovable bass-guitar player, dies at 77

Tork, Micky Dolenz, David Jones and Michael Nesmith formed the made-for-television rock band

From a drunk judge to Clifford Olson: George Garrett recounts a life in B.C. news radio

New book from ‘Intrepid Reporter’ George Garrett offers readers a glimpse behind the headlines

Wife remembers B.C. man killed in possible case of mistaken identity

Rex Gill was in Kamloops working to support his family after oilfield job dried up

Comox Valley Community Foundation introduces new online donation portal

The Comox Valley Community Foundation (CVCF) is pleased to announce our new… Continue reading

One dead, two seriously injured in Hwy 4 crash west of Port Alberni

A man has died following a single-vehicle collision west of Port Alberni… Continue reading

Millennial men least likely to have a family doctor: Statistics Canada

Report found more women have primary care physicians, compared with men

70% of Canadians agree with mandatory vaccines for children: poll

The debate for pro and anti vaccinations has heated up after a measles outbreak in Vancouver

Most Read