Reprehensible Chiding Those Mourning Death of Child

"[The victim impact statements filed in this case were of] unusual number, breadth, scope and contact."

"[Several ... statements came from] aunts, uncles and cousins of the direct victims. [Several more statements were given by] friends of the family [portions of which were disregarded by the court as they] recounted dramatized details of the hospital scene or memorialized the deceased."

"Material that is irrelevant, inflammatory, prejudicial or otherwise [outside Criminal Code bounds] should be removed or excluded before the statement is presented to the sentencing court."

"Three of the cousins of Miss Victoria Desjardins, very young children themselves, presented statements speaking in their own age-appropriate manner, about the loss of their cousin. While it is clear that they have been impacted, it was also clearly very difficult, and concerning to this Court, for them to present their victim impact statements in such a foreign and adult environment as an open court proceeding."

Justice Indra Maharaj, Calgary Court of Justice

Victoria Desjardins, 9, died in hospital after her family’s vehicle was struck by a driver who police say was fleeing officers when he ran a red light on Dec. 26, 2024. CTV News

 

 

Victim impact statements, chided Judge Indra Maharaj, must comply with the law, and the Crown prosecutor must ensure that they do. The Crown erred in this case, stated the judge, by failing to order the Desjardins extended family and friends to condense their victim impact statements into one cohesive and brief statement. The occasion of this trial in Calgary was the death by vehicular homicide of a nine-year-old child who had been in the car her mother was driving when the driver of a stolen  vehicle ran a red light at an intersection at 170 km/hr.

 

That driver, named as Duane Nepoose, happened to be under the influence of drugs, attempting to evade police in the wake of his criminal act of violently taking possession of a car from its owner. The Dodge Caravan careened through a red light, smashing into the Desardins' vehicle, seriously injuring the driver, seriously injuring her 12-year old daughter by the sheer force of the impact, and causing the death of the nine-year old, Victoria Desjardins. Another woman in a different vehicle was also injured. 

 

The seasoned repeat criminal offender, Duane Nepoose, had pleaded guilt to robbery, fleeing police, dangerous driving and causing death, along with an additional three counts of dangerous driving causing bodily harm. He was finally sentenced to ten years in prison. During the court hearing that was to address the man's sentencing, the judge's pique at the numerous victim impact statements was aired before the court, as she admonished Crown counsel.

 

The Reitmeier-Desjardins family seen in a supplied image. Mother Amanda and daughter Madison, 12, were sent to hospital after being involved in a five-vehicle collision in Calgary on Boxing Day 2024, while daughter Victoria, 9, was killed in the crash. Postmedia file

 

There are a number of guidelines in producing a victim impact statement that must routinely be made available to those committed to producing such a statement. They would be made aware of what is permissible and what is not, which the specific family member/statement writer must adhere to. If statements do contain forbidden claims such as suggesting a sentence, or making unproven allegations, or complaints related to the investigation, the presiding judge is free to make note of areas in a statement in violation of the rules.

 

In this instance -- of the death of a beloved child, sister, cousin, extended family member -- the complaint by the judge was not the content of the statements so much as it was what she considered to be the overwhelming number of impact statements presented to the court for consideration. The violent death of a child is devastating to a family on a human scale of emotional, irreplaceable loss. The court invites victim impact statements routinely, and it is beyond comprehension that a judge would take the position that too many people -- adults and children alike -- not air their bereft anguish at such a grievous loss.

 

Such disrespect and lack of understanding on the part of the judge preparing to sentence the individual responsible for that death in his cavalier disregard for the safety of the public through his pursuit of criminal activity, is breathtaking in its lack of empathy, underscored disinterest in the emotional anguish of such loss in the presented statements. It is they, collectively, who should be outraged at the judge's comments, particularly those respecting the appropriateness of children heartfully expressing the extent of their emotional trauma.  

"While I accept that these young relatives were genuinely affected, their statements largely addressed the broader family and community impact of the death. In my respectful opinion, that material could have been more appropriately and efficiently presented through a community impact statement by an adult."

"[A statement by a babysitter] was also heartfelt but tended toward a memorial [and it] could have properly formed part of a community statement by the extended family."

Justice Indra Maharaj  

Duane Nepoose, seen on bodycam footage from a Calgary police officer, admitted to dangerous driving causing death, dangerous driving causing bodily harm, robbery and fleeing a police officer in the crash. CP24