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Unprecedented outpouring of grief at sentencing for truck driver in Humboldt Broncos bus crash

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MELFORT—Chris Joseph has seen the seasons change from summer to fall and now, to frigid mid-winter, at a memorial set up for his son and 15 others killed at the intersection in April when a semitruck ran through a stop sign and collided with the Humboldt Broncos team bus.

Something about the stillness of winter adds to its solemnity.

At the rural Saskatchewan intersection of Highway 35 and Highway 335, 16 green crosses stand emblazoned with the names of the people killed in the Humboldt Broncos bus crash on April 6, 2018.
At the rural Saskatchewan intersection of Highway 35 and Highway 335, 16 green crosses stand emblazoned with the names of the people killed in the Humboldt Broncos bus crash on April 6, 2018.  (Claire Theobald / StarMetro Edmonton)

The cluster of crosses sits by the side of the rural Saskatchewan intersection of Highway 35 and Highway 335, itself in the middle of four corners of open Canadian prairie, flat and featureless except for a small stand of trees.

Joseph, a former NHL player, has come to find a moment’s peace in the place where nine months earlier his son, Jaxon Joseph, was left lying lifeless in the snow. He points out the ways in which the memorial has grown each time he has visited: first came 16 simple white crosses, then 16 green hockey stick crosses were driven into the ground, and draped with Humboldt Broncos jerseys.

The green and yellow ribbons — the team’s colours — photographs and various trinkets, a cowboy hat, some plastic beaded necklaces, accumulated over time.

“The day you took my son Jaxon from me was the worst day of my life and will remain that way forever,” he said, recalling the horrors he and his family suffered when his son died in the crash.

“I never thought in my life I would be kissing my dead son’s eyelids, nose, cheeks and lips over and over again, as I knew it would be the last time I would feel my son’s skin under my lips. If I could have, I would have stayed with him, beside him until the moment his dead body couldn’t stand the warmth,” said Jaxon’s mother, Andrea Joseph, sobbing as she recalled desperately rubbing her son’s legs and holding him close, hoping her warmth would breathe new life into his still body.

Family and friends of the 16 people killed and 13 people injured spent three days recounting the trauma of the crash and the suffering they continue to endure because of truck driver Jaskirat Singh Sidhu.

There were too many people to fit inside the local Melfort, Sask., courthouse, so 200 plastic chairs were set up in the Kerry Vickar Centre’s gymnasium to accommodate the weeklong hearing.

Both the Crown and defence involved in Sidhu’s sentencing said it was one of the most difficult and emotional hearings they had ever been a part of, with around 80 victim impact statements read aloud or filed privately with the court.

“Mr. Sidhu’s crime had wide-ranging and devastating consequences for the families and friends of everyone who was in the bus crash,” said Crown prosecutor Thomas Healey.

“My hockey stick remains outside of my door,” said defence lawyer Glen Luther.

Sidhu pleaded guilty to 16 charges of dangerous driving causing death and 13 charges of dangerous driving causing injury, taking full responsibility for causing the crash.

Rising from his seat to address the families Thursday, Sidhu turned to face them, heaving a heavy sigh before delivering an apology. “I cannot imagine what you are going through or what you have been through,” said Sidhu. “I have taken the most valuable things in your life.”

After he spoke, Sidhu sat back in his chair and cried.

But those who came to hear Sidhu offer an explanation left empty-handed.

“I can’t tell people what happened, he simply doesn’t know,” said defence lawyer Mark Brayford in his sentencing submissions.

Sidhu said he didn’t even know he had been in a crash until he crawled out the door of the overturned cab of his truck and heard the victims screaming.

According to the RCMP’s forensic collision reconstruction report, on April 6, the semi was hauling two trailers loaded with peat moss when it blew through a stop sign at the intersection of Highway 35 and Highway 335, near Armley, Sask., at around 5 p.m., just as the Humboldt Broncos team bus was approaching the intersection.

Sidhu drove past four signs and signals that should have warned him of the upcoming intersection that lined the highway nearly half a kilometre before the crash site.

“This wasn’t a rolling stop, this was more like a rocket,” said Healey.

The bus driver slammed on the brakes, skidding 24 metres, but it was too late. The bus hit the semi at nearly 100 km/h.

There was no way the bus could have avoided the crash.

The damage was catastrophic.

The bus was ripped into three pieces, the front third of the bus and the entire roof were torn from the twisted frame, the condition of the front of the bus described coldly as “nonsurvivable.”

Tanya LaBelle said images of the “dread-filled scene” replay vividly in their minds.

“The faces, the voices, the sounds, the vehicles, ambulances, helicopters,” Tanya, Xavier LaBelle’s mother, recalled through tears. “The panic, the agony, the horror.”

“Nothing can prepare a parent for the heart-wrenching carnage that was before me,” said his father, Paul LaBelle, who ran desperately down the highway toward the crash site before being stopped by an RCMP officer.

Families were redirected to local hospitals, hoping their child’s name would be on the list.

The mass of casualties overwhelmed the local hospital and funeral home.

In the confusion, the LaBelles were told their son hadn’t survived the crash while standing only 50 feet away from where their son lay screaming in anguish in a hospital bed.

When they were called to the funeral home with other families to identify their loved one among the dead, the LaBelles weren’t sure if it was grief preventing them from recognizing their son from the only bodies left unaccounted for.

Two days later, they would receive the call the other families had longed to hear — there had been a mistake, their son, Xavier was alive.

But any joy the LaBelles felt at learning their son was one of 13 survivors was tempered by the realization that another family, Parker Tobin’s — who had sat vigil at Xavier LaBelle’s bedside for two days believing he was their son — had inherited their loss.

Xavier LaBelle had survived the crash. Parker Tobin had not.

It was difficult for Parker Tobin’s father, Edward Tobin, to put his family’s loss into words.

“At times, the grief is overwhelming and you’re not sure how you are going to make it through the day,” he said. “The grief is often triggered by things you wouldn’t expect, like seeing young kids play at the local park. Those simple things that bring back his childhood memories. You smile for a moment as you remember a happier time, then collapse as you realize there will be no more memories.”

Humboldt Broncos assistant coach Chris Beaudry was called by the coroner to help identify the bodies, some disfigured beyond recognition.

Staff wouldn’t have time to stop working on the corpses while he viewed them, the coroner warned. Beaudry didn’t want to do it, but it was the only way he could help.

As he moved from gurney to gurney trying to recognize the faces of the young men he had once coached behind their injuries, flashes of recognition were chased with memories of who they were in life.

The sounds of bones being set, the zipping of body bags, skin being sewn, still haunt him.

“In my dreams, I would relive the funeral home scene over and over for months. I would wake up in cold sweats and couldn’t go back to sleep. The PTSD triggers were as bad as the nightmares,” Beaudry said.

Nine months later and they are still suffering.

“All of us families grieve every day, we will for the rest of our lives,” said Scott Thomas, father of Evan Thomas, who died in the crash.

The loved ones of those killed spoke of their unending grief, and family and friends of survivors spoke of their struggle to find a new normal as the futures they had planned now look drastically different. Dreams dashed, bodies broken, hope lost.

The rural Saskatchewan intersection where truck driver Jaskirat Singh Sidu ran a stop sign and collided with the Humboldt Broncos team bus on April 6, 2018, as seen on Wednesday, Jan. 30, 2019.
The rural Saskatchewan intersection where truck driver Jaskirat Singh Sidu ran a stop sign and collided with the Humboldt Broncos team bus on April 6, 2018, as seen on Wednesday, Jan. 30, 2019.  (Claire Theobald/StarMetro Edmonton)

At every brief intermission, those gathered in the gallery would offer each other support.

Warm hugs, dry tissues, handshakes and knowing smiles are the physical manifestations of the bond formed between these families who know each other’s pain all too well.

“The crash has forever tied us together,” said Bernadine Boulet, mother of Logan Boulet, 21, who died from his injuries after the collision.

After three days of heart-wrenching testimony, lawyers entered into their sentencing submissions trying to offer guidance to Justice Inez Cardinal in a case of dangerous driving unprecedented in its harm.

“We haven’t seen a case like this in Canada,” said Healey.

The maximum sentence available for Sidhu’s dangerous driving causing death charges is 14 years behind bars for each offence, and dangerous driving causing injury comes with a maximum sentence of 10 years.

While Sidhu pleaded guilty and has demonstrated genuine remorse, Healey argued that as a professional truck driver, Sidhu had been trained and should have been held to a higher standard of road safety.

“This wasn’t just an accident, this was a crime,” said Healey, recommending a sentence of 10 years in prison.

There were four signs leading up to the intersection that Sidhu, for reasons unknown, was completely oblivious to, Healey said. The intersection itself is marked with an oversized stop sign and a flashing light.

“How does someone miss all of those signs?” Healey said, emphasizing the egregiousness of Sidhu’s carelessness.

Sidhu’s defence argued that while the consequences of his actions were grave, they were a result of simple negligence and not deliberate recklessness, “barely over the line” between a tragic oversight and a criminal act, Luther said.

While they did not make their own suggestion for the length of a suitable sentence, Brayford said that many of those who described the pain and anguish caused to them by the crash also called for mercy in Sidhu’s sentencing.

“We’re not as simplistic as an eye for an eye,” said Brayford.

“I don’t hate you. When I look at you, I see a young man not much older than our son, Mark,” said Marilyn Cross, mother of Mark Cross, who did not survive the collision. “I grieve for the guilt you must carry for the rest of your days.”

Paul Jefferson, who was a billet father to both Parker Tobin, who died, and Tyler Smith, who survived, said his faith called him to forgive.

“His life should not be ruined by this mistake, that would make him the 30th victim of this tragedy,” he said.

Court has heard Jaskirat Singh Sidhu blew through a stop sign and into the path of the junior hockey team's bus in rural Saskatchewan last April.
Court has heard Jaskirat Singh Sidhu blew through a stop sign and into the path of the junior hockey team’s bus in rural Saskatchewan last April.  (THE CANADIAN PRESS)

Other families called for a harsher punishment to deter unscrupulous truck drivers and transport companies from making the same mistakes.

“We need to fight for these boys, the 29 people who were on that bus. As a mom, when you can’t help your child, and you can’t protect them and hold them, the only way I can help is by fighting and sticking up for what is right. This country needs to crack down, we need to have stricter rules and stricter laws,” said Andrea Joseph, calling for Sidhu to serve the maximum sentence.

Judge Cardinal said it would take time for her to review all of the materials and victim impact statements before making her decision, and adjourned Sidhu’s sentencing until March 22.

Jennifer Quaid, a law professor at the University of Ottawa, said the recommended sentence is “very harsh” and she suspects the actual sentence to be lower, in part because Sidhu pleaded guilty and expressed sincere remorse.

“I’m not sure that we can actually make him suffer more than he’s suffering now,” she said.

“He has done everything the criminal justice system wants an offender to do. He has recognized his responsibility, he has apologized, he has not tried to put up a fight.”

However, because there is no precedent for a case like this, Quaid said it is ultimately “anyone’s guess” what the judge will decide.

“We don’t have any template to follow for this particular kind of case, and I hope we never have another one.”

While conflicted over Sidhu’s jail term, those gathered agreed that no sentence would ever bring back that which has been lost.

What these families and survivors want more than anything is change.

Celeste Leray-Leicht, mother of deceased Jacob Leicht, spoke to media after the third day of proceedings holding Beaudry’s baby girl in her arms.

Her name is Lilly Brons Beaudry, named in honour of Dayna Brons, the Humboldt Broncos team trainer who died in the crash.

“I would like to give a message of hope and a message of change. I hope all the ministers of transportation across Canada are listening, and I hope you are talking,” she said, as Lilly tugged at the edge of her blanket.

“I hope you commit to Lilly and to everyone in Canada, across the nation, to make changes that make sense in every province and every territory,” said Leray-Leicht.

Lyle Brons, father of Dayna Brons, called for the trucking and charter bus industries to be federally regulated, and Leray-Leicht wanted to see training standards strengthened, anything to ensure no one else has to endure their suffering.

With files from Kevin Maimann

Claire Theobald is an Edmonton-based reporter who covers crime and the courts. Follow her on Twitter: @clairetheobald

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‘Business as usual’ for Dorel Industries after terminating go-private deal

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MONTREAL — Dorel Industries Inc. says it will continue to pursue its business strategy going forward after terminating an agreement to go private after discussions with shareholders.

« Moving ahead. Business as usual, » a spokesman for the company said in an email on Monday.

A group led by Cerberus Capital Management had previously agreed to buy outstanding shares of Dorel for $16 apiece, except for shares owned by the family that controls the company’s multiple-voting shares.

But Dorel chief executive Martin Schwartz said the Montreal-based maker of car seats, strollers, bicycles and home furniture pulled the plug on a deal on the eve of Tuesday’s special meeting after reviewing votes from shareholders.

“Independent shareholders have clearly expressed their confidence in Dorel’s future and the greater potential for Dorel as a public entity, » he said in a news release.

Dorel’s board of directors, with Martin Schwartz, Alan Schwartz, Jeffrey Schwartz and Jeff Segel recused, unanimously approved the deal’s termination upon the recommendation of a special committee.

The transaction required approval by two-thirds of the votes cast, and more than 50 per cent of the votes cast by non-family shareholders.

Schwartz said enhancing shareholder value remains a top priority while it stays focused on growing its brands, which include Schwinn and Mongoose bikes, Safety 1st-brand car seats and DHP Furniture.

Dorel said the move to end the go-private deal was mutual, despite the funds’ increased purchase price offer earlier this year.

It said there is no break fee applicable in this case.

Montreal-based investment firm Letko, Brosseau & Associates Inc. and San Diego’s Brandes Investment Partners LP, which together control more than 19 per cent of Dorel’s outstanding class B subordinate shares voiced their opposition to the amended offer, which was increased from the initial Nov. 2 offer of $14.50 per share.

« We believe that several minority shareholders shared our opinion, » said Letko vice-president Stephane Lebrun, during a phone interview.

« We are confident of the long-term potential of the company and we have confidence in the managers in place.”

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Anglais

Pandemic funds helping Montreal businesses build for a better tomorrow

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Many entrepreneurs have had to tap into government loans during the pandemic, at first just to survive, but now some are using the money to better prepare their businesses for the post-COVID future.

One of those businesses is Del Friscos, a popular family restaurant in Dollard-des-Ormeaux that, like many Montreal-area restaurants, has had to adapt from a sit-down establishment to one that takes orders online for takeout or delivery.

“It was hard going from totally in-house seating,” said Del Friscos co-owner Terry Konstas. “We didn’t have an in-house delivery system, which we quickly added. There were so many of our employees that were laid off that wanted to work so we adapted to a delivery system and added platforms like Uber and DoorDash.”

Helping them through the transition were emergency grants and low-interest loans from the federal and provincial governments, some of which are directly administered by PME MTL, a non-profit business-development organization established to assist the island’s small and medium-sized businesses.

Konstas said he had never even heard of PME MTL until a customer told him about them and when he got in touch, he discovered there were many government programs available to help his business get through the downturn and build for the future. “They’ve been very helpful right from day one,” said Konstas.

“We used some of the funds to catch up on our suppliers and our rents, the part that wasn’t covered from the federal side, and we used some of it for our new virtual concepts,” he said, referring to a virtual kitchen model which the restaurant has since adopted.

The virtual kitchen lets them create completely different menu items from the casual American Italian dishes that Del Friscos is known for and market them under different restaurant brand names. Under the Prasinó Soup & Salad banner, they sell healthy Greek options and their Stallone’s Sub Shop brand offers hearty sandwiches, yet the food from both is created in the same Del Friscos kitchen.

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Downtown Montreal office, retail vacancies continue to rise

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Some of downtown Montreal’s key economic indicators are heading in the wrong direction.

Office and retail vacancies in the city’s central core continued to climb in the fourth quarter of 2020, according to a quarterly report released Thursday by the Urban Development Institute of Quebec and the Montréal Centre-Ville merchants association. The report, whose first edition was published in October, aims to paint a socio-economic picture of the downtown area.

The survey also found office space available for sublet had increased during the fourth quarter, which may foreshadow even more vacancies when leases expire. On the residential front, condo sales fell as new listings soared — a sign that the downtown area may be losing some of its appeal to homeowners.

“It’s impossible not to be preoccupied by the rapid increase in office vacancies,” Jean-Marc Fournier, the former Quebec politician who now heads the UDI, said Thursday in an interview.

Still, with COVID-19 vaccinations set to accelerate in the coming months, “the economic picture is bound to improve,” he said. “People will start returning downtown. It’s much too early to say the office market is going to disappear.”

Public health measures implemented since the start of the pandemic almost a year ago — such as caps on office capacity — have deprived downtown Montreal of more than 500,000 workers and students. A mere 4,163 university and CEGEP students attended in-person classes in the second quarter, the most recent period for which figures are available. Border closures and travel restrictions have also brought tourism to a standstill, hurting hotels and thousands of local businesses.

Seventy per cent of downtown workers carried out their professional activities at home more than three days a week during the fourth quarter, the report said, citing an online survey of 1,000 Montreal-area residents conducted last month.

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