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

Kenney talks pipelines with Trudeau after election win, calls it cordial

Almost a year ago Kenney dismissed Trudeau as a dilettante and a lightweight

Sylvan Lake Youth Services receives grant for mental health programming

The Alberta Health Services grant will be put towards running the Community Helpers Project

Sylvan Lake’s Leaders of Tomorrow awards get a new look

The Youth Sparks Awards will feature six award categories on May 31

Novice Sylvan Lake Buccaneers sail to home opener win

The novice Buccaneers played in a triple-header with the bantam and midget Buccaneers on April 12

Former Sylvan Lake resident receives humanitarian award

Humanitarian efforts see Sylvan Lake native recognized for long-term contributions

‘Open for business:’ Jason Kenney’s UCP wins majority in Alberta election

The UCP was leading or elected in 63 of 87 seats Tuesday night

Flooding, climate change force Quebecers to rethink relationship with water

Compensation for victims of recurring floods limit to 50% of a home’s value, or a maximum of $100,000

Storms blast South, where tornadoes threaten several states

9.7 million people in the Carolinas and Virginia at a moderate risk of severe weather

Private cargo ship brings Easter feast to the space station

There are three Americans two Russians and one Canadian living on the space station

Notre Dame rector: “Computer glitch” possible fire culprit

The fire burned through the lattice of oak beams supporting the monument’s vaulted stone ceiling

Undercover cops don’t need warrant to email, text suspected child lurers: court

High court decision came Thursday in the case of Sean Patrick Mills of Newfoundland

VIDEO: Trump tried to seize control of Mueller probe, report says

Special counsel Robert Mueller’s report revealed to a waiting nation Thursday

Alberta RCMP reminds Albertans how to be ‘egg-stra’ safe this Easter

Put away phone while driving, plan for a designated driver

B.C. awaits Kenney’s ‘turn off taps,’ threat; Quebec rejects Alberta pipelines

B.C. Premier John Horgan said he spoke with Kenney Wednesday and the tone was cordial

Most Read