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

Sts’ailes drum making coming to Harrison Festival

The workshop has been happening for years, bringing Indigenous teachings to the festival

Transparency, dialogue key to UBC Dairy’s open house

The annual Agassiz event invites the public to come learn about dairy farming and research around it

Fraser-Cascade school district hosts by-election to fill void left by passing of Tom Hendrickson

Advance voting begins on July 17, with general voting on July 27

Search continues for missing elderly woman in Chilliwack

RCMP, Chilliwack Search and Rescue and community members combing area for Grace Baranyk

VIDEO: Elderly woman with severe dementia missing in Chilliwack

Woman now missing more than 24 hours and missing her daily medications

VIDEO: Agassiz remembers local officer at grave-marking ceremony

Montague White-Fraser had been buried in the Old Cemetery for 92 years without a headstone

Health Canada revokes licences of B.C.-based pot producer Agrima Botanicals

The agency said it notified the company of a suspension in November due to non-compliance with regulations

Deals, protests during Amazon Prime Day

The Seattle-based e-commerce behemoth says it is offering more than a million deals

VIDEO: Hiker airlifted from Bridal Veil Falls Provincial Park Sunday

Park east of Chilliwack popular with tourist and B.C. residents who walk up to the falls

Canadian national softball team wins second straight Canada Cup

Team Canada defeats Texas-based Scrapyard International in gold-medal game Sunday in Surrey

June sees drop in home sales, prices for real estate across B.C.: report

Sales dropped by 11.8%, while prices fell by 4%

Video captures driver narrowly avoiding hitting Granfondo cyclists in Okanagan

“I’m just glad that everything aligned enough and no one got hurt,” said Shaun Siebert

Most Read