Judge gives lenient sentence so trucker can dodge deportation after fatal Ontario crash

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“Mr. Ahmed, upon noticing the passenger vehicle’s manoeuvre, braked heavily in an attempt to avoid the SUV, causing his tractor trailer to enter the eastbound lane of Highway 102.”

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Another tractor trailer was heading east, with Michel Pharand at the wheel and Marie-Paule Landry in the passenger seat.

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“As Mr. Ahmed applied his brakes suddenly, his tractor trailer jackknifed into the eastbound lane. At the same time, Mr. Singh was following so closely that he did not have much time to react,” said the decision.

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“While Mr. Singh attempted to use his brakes as well, it was too late to prevent the front of his tractor trailer from colliding with the rear of Mr. Ahmed’s vehicle. The resulting collision pushed Mr. Ahmed’s vehicle further into the eastbound lane and a head on collision occurred with Mr. Pharand’s vehicle. Upon examination at the scene, no brake or skid marks were found on the highway caused by Mr. Singh’s vehicle.”

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The crash killed Pharand and left Landry with severe injuries, including a fractured pelvis. Singh was not hurt.

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Landry “has experienced anger and sadness with the loss of her partner, Mr. Pharand, including the loss of no longer being in each other’s company, sharing their thoughts, traveling together, and enjoying their lives with their children and grandchildren,” said the decision. “Emotionally and financially, Mr. Pharand’s death has been difficult for Ms. Landry, noting that she will never be the same person she was before the accident which has had repercussions to her having a normal life.”

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Landry’s daughter, Karine Bedard, told the court that “the loss of Mr. Pharand has had a major impact upon Ms. Bedard and her family, including her three young children. As well, Ms. Bedard detailed the heartbreak of watching her mother have to cope with chronic pain and limited mobility caused by the accident. Her heart is full of sadness, unable to find peace with the events which have left her mother struggling every day and which caused the permanent loss of her guardian angel and her children’s grandfather, Michel.”

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Her husband, Michael Jewer, was “close friends” with Pharand, who played “the role of a father figure” for him even before he married Bedard, said the decision. “So, his loss is intensified with the fact that ultimately Mr. Pharand became family to Mr. Jewer, his wife and their three children. When hearing of his death, Mr. Jewer describes the feeling as like someone tearing his heart out of his chest and stepping on it. While trying to be strong for his family, he has felt the need to occasionally retire to his basement to cry and let out his emotions.”

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The Crown argued that on the day of the fatal crash, “Singh was operating a tractor trailer on a single lane highway in a convoy-like fashion, limiting any ability for him or other users of the highway to react, which calls for deterrence and denunciation,” said the decision.

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“Only a conviction will deter other drivers who operate commercial vehicles on Canadian highways from doing what Mr. Singh did.”

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Singh’s lawyer produced a letter from an immigration lawyer who indicated convicting him of dangerous driving would make him “inadmissible to Canada,” meaning he could be deported without a hearing.