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

 

 

 

The Humboldt Tragedy and the Immigrant Driver

"Contrary to almost all of the many people I have acted for, [Sidhu's] remorse and empathy for the victims was foremost, and his concern for his personal consequences was secondary."

"As a criminal barrister for 40 years, I can tell you that this type of selflessness is unusual."

"Throughout the proceedings, his instructions were to attempt to minimize the collateral grief to the families that necessarily flowed from the criminal proceedings."

Mark Brayford, Sidhu defence lawyer

Jaskirat Singh Sidhu is taken out of the Kerry Vickar Centre in Melfort following his sentencing on March, 22, 2019 for his role in the Humboldt Broncos bus crash Photo by Liam Richards /Saskatoon StarPhoenix

A young male immigrant from India, starting to make a new life for himself in Canada, hired by a cartage company to drive semi-trailers for which he received inadequate training. A week of instruction sufficed to earn him a legal license to drive a large rig on Canadian highways; in the instance at hand a tractor-trailer with an added pup trailer. He had two weeks' experience driving the rig solo. His attention fully turned to driving when he realized the tarp on the pup trailer was flapping. Distracted, he missed a stop sign at a poorly designed intersection.

That intersection was known locally as a dangerous  spot, to the extent that six people had died there in previous motor vehicle accidents. Jaskirat Sidhu had been on the job for a month when the assignment to drive a delivery with the rig came up. Because of that momentary distraction, the driver who was not using his cellphone, was not on drugs, hadn't used alcohol, was fully aware, drove past the flashing stop sign at the rural Saskatchewan intersection and collided with a bus carrying the junior hockey team from Humboldt, Saskatchewan. 

 

The young hockey players and the team's staff were being taken to a playoff game on April 6, 2018. 

Sixteen members of the junior hockey team and staff died in the collision and 13 were injured, some with life-changing injuries. 

 

At the scene, the shattered truck driver fully cooperated with police investigators. Throughout the investigation to follow, his arrest and trial, he abnegated any opportunity to help his case, even when evidence came to light that the intersection and the stop sign were inadequate to their purpose, the cause of previous deadly accidents; he was driving into the sun; and mature trees were growing beside the highway partially obscuring views, including that of the stop sign.

 

Aerial photographs of the scene showed the scale of the collision with heavy damage to the coach (right) Canadian Press, Rex/Shutterstock

His purpose was to take full responsibility for the outcome of a momentary distraction that had resulted in  a horrific ending. His purpose was to spare the families involved any additional suffering after their dreadful losses. Jaskirat Sidhu has the official status of a landed immigrant. He is not yet a citizen of Canada, although he aspired to citizenship. He was newly married to another immigrant and together they planned to make a life for themselves in Canada.

He was sentenced to eight years in prison, representing the stiffest such penalty for accidents of this kind. Vehicular homicides are not all that uncommon in Canada, mostly caused by people driving under the influence of alcohol, drugs, speeding, talking on their cellphones or instances of sheer carelessness. Jaskirat Sidhu had pleaded guilty to 29 charges of dangerous driving causing death and bodily harm. He made no effort to defend himself. Overwhelmed with remorse he instructed his lawyers to plead guilty on his behalf to all charges brought against him.

The case management team at Prince Albert Penitentiary where he was incarcerated citing his exemplary behaviour while in prison along with his "significant level of remorse and victim empathy", recommended his transfer to a minimum-security facility. That recommendation was turned down by the prison warden. Uppermost in the warden's mind would be the reaction from family members whose children were killed or maimed by the accident that shocked the entire country when news exploded nationally of the Humbold team's dreadful loss.

Under Canadian law, anyone who is not a citizen of Canada, someone with the status of a landed immigrant for example, who is found guilty of a major criminal act can be extradited to their country of origin. Despite the ghost of the tragedy following the young immigrant couple, their hope is to be allowed to remain in Canada, become Canadian citizens, make their lives here, raising a family. An official with the Canada Border Services agency is to decide whether to allow Jaskirat Sidhu to remain in Canada, or to deport him when he becomes eligible for parole this coming November.

"Deportation of Mr. Sidhu back to India only serves to cause more suffering to him, his wife and his family."

"We have exchanged several emails with Mr. Sidhu and his wife, Tanvir, and it is clear to us that Jaskirat is indeed a broken and suffering soul."

"There has been enough suffering for everyone involved in this tragedy. We do not need any more."

Scott and Laurie Thomas, parents of 18-year-old Evan Thomas who died in the crash.

Evan Thomas between his two parents   Photo: Scott Thomas

"I believe it would be extremely unfortunate to now not allow a man who made a mistake and owned up to it and accepted his consequences the opportunity to continue his life here in Canada."

"I spent every day of the trial watching a man cry and be utterly devastated by the results of a mistake he made ..."

"I believe in second chances. A man who took the harshest sentence for a crime of this nature without appealing or defending himself in an attempt to ease even a small amount of pain for those he hurt is someone I believe deserves a second chance."

Christina Haugan, widow, Broncos' head coach Darcy Haugan who died in the crash

"By contrast [to the Humboldt Broncos' case], a Saskatchewan driver who had previously dodged charges of drunk driving and fleeing the scene of a crash, drove through a stop sign in 1997, killing a 39-year-old woman and injuring her young son before fleeing the scene without rendering assistance."

"He was not charged with leaving the scene, but received a ticket for driving without due care and paid a small fine."

"That driver, Scott Moe, is now premier of Saskatchewan."

Parker Denham, retired Nova Scotia journalist