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

Castlegar’s Stanley Humphries School’s got talent

Talent show to be held Feb. 21 at Brilliant Cultural Centre

What’s Up: Things to see and do on Family Day

There’s plenty of fun to be had across the West Kootenay this coming long weekend!

Province announces $23 million for upgrades at Kootenay Boundary Regional Hospital

West Kootenay-Boundary Regional Hospital District Board has yet to review the provincial proposal

Selkirk College Saints score pair of crucial wins

Stellar goaltending and timely goals lead to victory over the Vancouver Island University Mariners.

UPDATE: Two-car accident closes Highway 3A at Thrums

Road expected to open for single-lane alternating traffic at 2 p.m.

‘Just like Iron Man’: Calgary surgeon undergoes experimental spinal surgery

Dr. Richi Gill was in a freak accident on a boogie board during a family vacation in Hawaii

Ammonia leak shuts down curling club in Nelson

It’s not yet clear when the leak was detected

A Mother’s Wish: Ryan Shtuka’s mother wants her son to be ‘forever known’

‍‍‍‍‍“Let me tell you a story …. it all began with a boy named Ryan”

Sex abuse survivors to meet with Vatican summit organizers

Pope Francis has urged participants to meet with abuse victims before they came to Rome

Ex-FBI official: ‘Crime may have been committed’ by Trump

Andrew McCabe said FBI had good reason to open a counterintelligence investigation into whether Trump was in league with Russia

B.C. athlete takes home gold in freestyle aerials at Canada Games

Brayden Kuroda won the event with a combined score of 121.65.

Cabinet likely to extend deadline to reconsider Trans Mountain pipeline

New round of consultations with Indigenous communities is coming

Most Read