Judge gives trucker absolute discharge in fatal dangerous driving case

The driver of a tractor-trailer has avoided deportation in connection with a 2021 fatal crash near Thunder Bay, Ont., involving two other tractor-trailers. (File)

A judge in Thunder Bay, Ont., has given a trucker involved in a fatal 2021 collision an absolute discharge, allowing the man to avoid deportation that would result from a criminal conviction.

The judge said the trucker was involved in the crash, but his actions did not cause the death of the victim, who was killed when another tractor-trailer jackknifed on Highway 102.

If he had accepted the Crown’s recommendation of a conviction for dangerous driving with a two-year driving ban and a $3,000 fine, Ajitpal Singh would have faced deportation to India.

Admitted to dangerous driving

That is a punishment far more severe than a Canadian citizen would have faced, the judge ruled, in accepting the defence’s request for a discharge, a $10,000 victim impact surcharge and a driving ban of between five and 10 years.

Singh, 33, pleaded guilty to one count of dangerous operation of a motor vehicle for his role in the Dec. 12, 2021, tragedy.

He was driving his tractor-trailer westbound on Highway 102 behind another tractor-trailer being driven by Mohamed Ahmed, who was closely following a red SUV driven by James Young.

The SUV began to slow down to turn left near Auto Road and enter the parking lot of a variety store.

“During the process of making his left-hand turn, Mr. Young noted in his rearview mirror that Mr. Ahmed was not slowing down,” the court decision said.

“As such, he took evasive action and pulled right and forward off the highway in order to avoid a rear-end collision with Mr. Ahmed. 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.”

Jackknifed into eastbound lane

Headed east on Highway 102 was another tractor-trailer, this one driven by Michael Pharand, with a passenger, Marie-Paule Landry.

When Ahmed suddenly braked, his vehicle jackknifed into Pharand’s lane. Singh was driving too close to Ahmed and his tractor-trailer collided with the back of 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,” the court decision said.

“Upon examination at the scene, no brake or skid marks were found on the highway caused by Mr. Singh’s vehicle.”

Pharand was killed in the collision and Landry, his passenger, was severely wounded. Singh received no physical injuries.

He was convicted of dangerous driving, but both the Crown and defence agreed that his “conduct did not cause the deadly collision between Mr. Pharand’s and Mr. Ahmed’s vehicles.”

Sentence ‘was in the court’s hands’

Singh pleaded guilty “and understood that by pleading guilty, he would be giving up his right to a trial, including the opportunity to put forward a defence or advance any Charter applications,” the court said.

“Mr. Singh understood that ultimately the decision on sentencing was in the court’s hands.”

He received legal advice that said he would face deportation if he received a criminal conviction.

Assistant Crown attorney Sivadanesh Koveerasingham argued that Singh should not be granted a discharge, saying it would “be contrary to the public interest.”

“Mr. Singh’s conduct and driving behaviour warrants accountability and a sentence which reflects general deterrence,” the Crown argued.

“In the circumstances of this offence, Mr. 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.”

The defence argued that deportation would follow a criminal conviction, despite the fact that Singh’s driving behaviour didn’t cause Pharand’s death.

No longer drives a truck

While he initially kept driving after the collision, he has since quit because of the “trauma” of what happened.

“Since that time, Mr. Singh has turned to religion for guidance and support, and in addition has completed over 100 hours of community service,” the court said.

In his decision, Superior Court Justice Stephen J. Wojciechowski said that it was “Mr. Ahmed and his driving behaviour which ultimately resulted in Mr. Pharand’s death.”

While Singh was following too close to prevent a collision with Ahmed, that fact did not have an effect on the “tragic outcome which resulted.”

While he agreed with the Crown’s argument that Singh should not be able to “buy a discharge” by offering to pay a $10,000 victim impact surcharge, Wojciechowski said that “deportation would be a disproportionate result to the crime which this sentencing hearing is addressing.”

The fact that Singh has been in Canada since 2018, has no criminal record and would face a much greater penalty than a Canadian citizen if convicted of a criminal offence are all factors that weighed in his favour.

“In considering whether a conviction is required to deter others from committing similar offences, the lengthy driving suspension conceded by Mr. Singh as being appropriate will play a role in supporting the principles of general deterrence, in addition to specific deterrence, making the need for a conviction less relevant in these circumstances,” the judge wrote.

He agreed with the defence submission to grant him an absolute discharge. Wojciechowski also banned him from driving for eight years and ordered him to pay $10,000 in restitution to Marie-Paule Landry.

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