R. v. Hiebert, 2022 ONCJ 47

CITATION: R. v. Hiebert , 2022 ONCJ 47 DATE: January 13, 2022 Information No. 3260 999 20 20150 ONTARIO COURT OF JUSTICE HER MAJESTY THE QUEEN v. PETER HIEBERT P R O C E E D I N G S AT GUILTY PLEA BEFORE HIS WORSHIP JUSTICE OF THE PEACE M. CUTHBERTSON on January 13, 2022, at STRATFORD, Ontario APPEARANCES : A. Large Provincial Prosecutor R. Venables Counsel for Peter Hiebert THURSDAY, JANUARY 13, 2022 THE COURT: I am now dealing with the matters of Peter Hiebert. And how are we proceeding today, Ms. Large? MS. LARGE: We are proceeding remotely with a guilty plea, Your worship. THE COURT: All right, thank you.

And for defence, please? MR. VENABLES: Good afternoon, Your Worship. For the record it's Venables V, as in Victor, E-N-A-B-L-E-S, initial R as Ryan. Counsel for Mr. Hiebert. THE COURT: And I understand Mr. Hiebert is on the call today and on video. Good afternoon, Mr. Hiebert. PETER HIEBERT: Good afternoon, Your Worship. THE COURT: So when you're ready then, Madam Clerk, would you kindly arraign? MR. VENABLES: Your Worship, sorry, I don't mean to interrupt. Before we do that, I just would like (indiscernible) over

section 606. It's a joint position that we're going to be presenting to you today. Mr. Hiebert is intending to plead guilty to the charge that's laid before the Court. I can indicate for the record that he is aware of his right to a trial. He's foregoing that right as a result of this plea. He does consent to it being done on the Zoom platform. He's aware despite the fact that my friend and I are going to present a joint position for Your Worship's consideration that in law you have the availability to impose another sentence that's free to you.

And it may be potentially more onerous than what the Crown and I are going to recommend. He's aware that he's very likely going to lose his driver's licence for a period of time. I've explained to him the consequences for driving while suspended. He's also aware that it's very likely

he'll placed on a period of Provincial Offences Act probation. I've explained to him the consequences in the Criminal Code should he breach those. Your Worship, I can also indicate I've explained some of the more collateral consequences such as that of having higher insurance and potential workplace consequences. And it's a voluntary plea and he's aware that he, as I indicated, he's waiving giving up his right to a trial by way of his plea. THE COURT: All right, thank you very much Mr. Venables.

And then if we're ready, please go ahead with the arraignment on the 130(3) charge as set out on the information, Madam Clerk. COURT CLERK: Peter Hiebert you stand charged on information 20150 on or about the 5th day of June 2020 at Perth Road 180 and Perth Line 44 in the Municipality of West Perth, did commit the offence drive a motor – sorry – drive a vehicle on a highway, to wit: Perth Road 180 carelessly, to wit: without due care and attention or without reasonable consideration for other persons using the highway and did cause death to Campbell D. Sanders, contrary to the Highway Traffic Act section 130(3).

On this charge, the Highway Traffic Act provides that upon conviction of this offence, your driver's licence may be suspended. Do you understand this warning, Mr. Hiebert? PETER HIEBERT: Yes, Your Honour. COURT CLERK: And to this charge, how do you plead guilty or not guilty? PETER HIEBERT: Guilty. THE COURT: Thank you. Ms. Large, please. MS. LARGE: Yes, Your Worship. Thank you. On June the 5th, 2020, at 1:44 p.m. Perth County OPP were dispatched to the intersection of Perth Line 44 and Perth Road 180 in the Municipality of West Perth to investigate reports of a multi-motor vehicle collision.

The collision involved two motor vehicles. The first one a 2006 Dodge Ram driven by Peter Hiebert, the second one, a Chevrolet Silverado driven by Campbell Sanders with a passenger, Ross Robertson. Investigation revealed that the Dodge Ram operated by Mr. Hiebert was driving northbound on Perth Road 180 and failed to stop at the stop sign colliding with the silver Chevy Silverado driven by Campbell Sanders. He was driving westbound on Line 44. Specifically the Chevrolet Silverado operated by Mr. Sanders was travelling westbound on Perth Line 44 and approached the intersection at Perth Road 180.

The Dodge Ram operated by Peter Hiebert was travelling northbound on Perth Road 180. That intersection is controlled with stop signs for north and southbound traffic only. The road was dry and level with visibility clear and sunny. The intersection is enhanced with five rumble strips on Perth Road 180 for northbound traffic prior to the intersection at Line 44. It is further enhanced with an oversized stop sign ahead sign and an oversized stop sign and a white stop line at the intersection.

The 2006 Dodge Ram operate by Peter Hiebert entered the intersection and collided with the 2018 Chevrolet Silverado being operated by Campbell Sanders. It struck - the Dodge Ram struck the driver's side door of Mr. Sanders' vehicle. Both vehicles entered a field in the northwest corner of Perth Road 180. Mr. Sanders' Chevrolet Silverado came to rest in the field on the driver's side of the vehicle trapping Campbell Sanders and his passenger, Ross Robertson. The 2006 Dodge Ram remained on all four tires in an upright position. Perth County Fire extracted the males from Mr. Campbell's vehicle – sorry, Mr.

Sander's vehicle. The driver, Campbell Sanders, was pronounced deceased at the scene. The Coroner's Report later determined that his cause of death was multiple blunt impact trauma from the accident. The passenger, Ross Robertson, was transported to Stratford Hospital with non-life threatening injuries. Peter Hiebert was uninjured and was determined to be the at fault driver and was charged with careless driving cause death contrary to section 130(3) of the Highway Traffic Act . Those are the facts that the Crown is relying on. THE COURT: Are those facts substantially correct, Mr. Venables? MR.

VENABLES: Correct, Your Worship. THE COURT: All right, thank you. A conviction will be registered. Go ahead, Ms. Large. MS. LARGE: Yes, I'd like to start by inviting two individuals to read their victim impact statements into the record. So the first individual is going to be Carrie Sanders who is reading the victim impact statement of Joanne Sanders. Carrie Sanders is reading the victim impact statement of Joanne Sanders who is the deceased' spouse. CARRIE SANDERS: Peter, I know that on June 5th you did not wake up in the morning knowing what an awful life-changing day it would be.

One careless moment changed my life and my family's life forever. Your careless actions took away the life of a wonderful man named Cam Sanders. Cam was the love of my life. We met and three weeks later were engaged. We married shortly after and have been one another's life partner for 46 years. Until June the 5th, we have never spent more than two (indiscernible) apart. Cam and I did everything together. Our early years were spent working and raising our children.

We have spent the past decade travelling to see family, going to the theatre and most importantly watching our grandchildren play sports and perform in school plays. Together we have two children and four grandchildren that we cherish. Your careless act has not only taken away my husband but it also took away a much beloved father and grandfather. I have a chronic health condition that has left me in chronic pain and physically disabled. When I first became ill, Cam took over many of the household chores and responsibilities.

He would always help me – he would always help to bring me later at times of extreme pain and discomfort. He would not allow my illness to define me or what we could do in life. When we wanted to travel, he would put in the extra work to ensure all medical arrangements and mobility devices would be available for me. As I am unable to drive long distances, he ensured that I could make it to all my children and grandchildren events. Cam and I loved to take our grandchildren on holidays and we would often plan special trips for them. Without Cam, I'm unable to do these trips or attend these events.

His loss has made it feel as though my grandkids have lost both of us. On days where my mobility was particularly challenged, Cam would stay and make jokes just to see me smile. The pain was more management with him by my side. Losing him has not only left a gaping hole in my heart but has also taken a vital limb that allowed me to manage day to day activities so I could live independently. My ability to participate in life has been forever changed by your actions.

My loss and grief has been made even greater by the global pandemic, at a time where I need support and the love of family, I've been forced to survive in isolation. Cam was a man devoted to his family and his community. He spent much of his life giving back to his local communities through coaching baseball and hockey, donating and volunteering his time to community events. He was a member of the avid business association. He was also a farmer who loved nature. Later in life he started to his own trucking company called WSC transport. He grew the company and

eventually ran it with his son, Ryan. The company grew because Cam was highly respected and liked in the industry. I am still receiving phone calls from businesses expressing their condolences. Each of these calls have described Cam as an honourable man who was true to his word and to a handshake. Truck drivers work for WSC because of their relationship with Cam and (indiscernible) companies used WSC because they had trust him. His death has significantly impacted the company. It has required his son to take on full financial ownership and responsibility.

It has also required significant relationship building so companies and drivers will continue to work for and have trust in the new ownership. There is not one aspect of my life that has not been negatively impacted by Cam's death. I know you did not intend for this to happen, but your actions have forever changed our lives. My hope is that you will remember Cam's name and his legacy and you will spend the rest of your life being the best person, father, friend and community member you can be. THE COURT: Thank you. MS. LARGE: Thank you very much to Carrie Sanders for reading that in.

And now if I could have Ryan Sanders read a victim statement on behalf of the remaining members of the family. RYAN SANDERS: There is not a day that goes by that we do not think about or miss our father and grandfather. Cam Sanders was a loving and caring man who was full of life and quick with humour. For my sister and I we feel loss of our dad deeply.

He was always there for us whenever we needed anything, whether it was someone to talk to and receive advice from, someone to provide us with support when we were facing difficult and challenging times or someone to be our cheerleader, constantly celebrating our successes and encouraging us to never give up or stop dreaming big. Throughout our childhood, dad spent his time coaching our sports teams. He coached us in baseball and hockey and as we got older, he would come watch us coach hockey and baseball. Later in life, dad started a trucking company and it wasn't long before I was able to work with him.

Losing dad has been difficult in so many ways. He was a constant presence in our office, always there to help mentor and provide advice, but also there to share a laugh. When I would get annoyed with him at work, he would often say you're going to miss when I am gone. No truer words have been said. We miss him every single day. For his four grandchildren, his love, support and humour are greatly missed. Grandpa went to as many sports events and school plays as he could.

Grandpa would take the kids on trips to special places like Santa's Village, to the theatre to see plays, to sports games, hotels and community events. He would also play card games with the kids or go to the park and throw a baseball or play 21. As my son said, it will suck now that Papa is gone and my life will be different without him. Our father was a man who cared deeply for others. He remembered every friend and family members' birthday and would always be the first to call them in the morning to sing. He always saw the good in people and spent much of his adult life trying to bring the good out of others.

For a few years, my dad would drive school bus. He was always given the routes that other drivers didn't want because the kids were challenging. Yet there was not a challenge for my dad. The same was true for hockey. He would be asked to coach the older teams that were perceived to have troubled or difficult kids on it. My dad had a way of working with these kids that showed them respect and demanded respect from them in return. Many of these kids who are seen to the be the most challenging ended up developing a strong relationship with dad and had kept in touch over the years.

Peter, we know you did not plan for this to happen, but your careless action has forever changed our lives and taken away someone who was extremely important to us. Our father was a kind and forgiving man who would not want this careless act to be

an act that defines who you are and who you become. Like him, we don't want this to be something that ruins your life, we want you to recognize and understand the impact of your actions and to take responsibility for them by being the best person you can be. THE COURT: Thank you, sir. Ms. Large? MS. LARGE: Yes, thank you. Would you like me to being with my submissions? THE COURT: Yes. Please go ahead. Submissions by Ms. Large I just need one brief indulgence, please, Your Worship? Thank you very much, Your Worship.

I will try and be brief for the sake of the family as I understand that this is a difficult event for them. So Your Worship, I am (indiscernible) very clearly is that this is not at the low end of the careless spectrum. We heard in the facts read out that there was clear visibility and it was a sunny day, the road were dry. Prior to that stop sign, there were five rumble strips, an oversized stop ahead sign and an oversized stop sign. All of which Mr.

Hiebert did not heed on the date in question and while ultimately, you know, it was an accident, it ended in a tragic loss of life and has had a profound affect on the victim's family that they have eloquently described in their statements better than I could ever put into words. That being stated, this has to be balanced against the (indiscernible) to Mr. Hiebert. He's taken accountability for his actions. He's entered a guilty plea which has given the family closure without the need of a trial. He is also young and I have no doubt that he will carry this burden for the rest of his life.

There is no punishment that could ever account for the loss that Campbell Sander's family has suffered. Taking into the case law which I know Your Worship in intimately aware of given that you published decisions, the Crown is satisfied that the following punishment satisfies the public interest, taking into account the aggravating and mitigating features of this case. A $4,000 fine, two years probation requiring him to complete 150 hours of community service and a three year driving prohibition. The Crown hopes that the community service hours are the start of Mr.

Hiebert living out a life that honours Campbell Sanders' memory as his family wishes. Those are the Crown's submissions, thank you. THE COURT: Thank you. Mr. Venables, please? Submissions by Mr. Venables Thank you. It's a joint submission for Your Worship's consideration. I would just suggest to the Court the proper word is a driving suspension as opposed to a prohibition. The (indiscernible) on the accused person (indiscernible). Our submissions – by way of background, Mr. Hiebert's 25. He is married. He does not have any children.

I understand that until just very recently his wife was pregnant, unfortunately from what I understand, just recently, when she was approximately five months pregnant, she miscarried. He

indicates to me he has a grade 12 education. He is traditionally a shop manager at a CNC factory. On this date he was working a side job (indiscernible) various parts of South-western Ontario doing various deliveries. I understand back in the summer he had been working in this capacity for approximately three weeks. He was in Perth County which is an area that's generally not familiar to him. He resides in Elgin County.

From my understanding, there was confusion as to where he was attempting to go and he was looking – or his attention was focused on obtaining his direct – I'm – I take the Crown at their word, I certainly reviewed the disclosure (indiscernible) rumble strips which would've been on the road for traffic. In my discussions with Mr. Hiebert, he certainly doesn't recall his vehicle hitting them. So by no means are we attempting to say that they weren't there, but perhaps they're of a faded nature that they didn't unfortunately and very tragically didn't alert him to he approaching intersection. Your Worship, Mr.

Hiebert offers his remorse to both the Court as well as the family by way of this guilty plea. He's had no police involvement prior. It's a situation where in preparation for this plea, he did reside rurally with his wife but they've had to sell their house and move into one of the local towns which is closer to his employment to allow him to get back and forth to work a little easier just given the fact that he's not going to be driving for the next number of years. I understand that through Mr. Hiebert, it's always been his intention to take responsibility for this.

Unfortunately, the pandemic has delayed things a little bit. I certainly would suggest to Your worship that this as a joint submission is inside the range of acceptable consequences for this sort of an offence. I would agree with my friend, it's not on the low end of a careless driving conviction for an offence of this but it's certainly not on the higher level and it's not in the most aggravating range. As such, I would respectfully submit to Your Worship that the joint position that my friend and I have submitted to you today is entirely appropriate.

Subject to any other questions, Your Worship, those would be my submissions on behalf of Mr. Hiebert. Reasons for Judgment CUTHBERTSON, J.P. (Orally): Thank you to both counsel. I have no questions. I want to start with my remarks by thanking all the family members for being here today. This cannot be an easy task for you to have come to these legal proceedings virtually and have to rekindle the heartbreak that led to today's proceedings. But I think it is very important that you have done this and it speaks volumes about Cam Sanders and his importance to all of you that you are here and speaking when he cannot.

I appreciate it. I also want to thank Mr. Peter Hiebert for being here personally and I thank him because he did not need to be. I just want to make the family aware, he actually could have asked Mr. Venables to appear and not be here today and yet here he is. That also speaks well of him and his desire to show remorse through his guilty plea today. These types of offences are the most difficult we can deal with in my view under the Provincial Offences Act . A life has been lost and yet it is clear that Mr.

Hiebert had no intention on the date in question to cause anyone harm whatsoever, but by the end of the day, a life was lost. It is hard to understand, although I appreciate Mr. Venables' comments, that the signs I am about to speak about were not perhaps as visible as suggested by the Crown. The physical size of what was defined as an oversized stop sign ahead sign was missed. Hard to miss something that is oversized. Then an oversized stop sign at the – or just about at the intersection where Mr. Hiebert should have stopped. As well, there was a white stop line painted on the road prior to the intersection.

I appreciate Mr. Venables' comments that Mr. Hiebert was unfamiliar with the area and perhaps not paying – well, clearly, not paying sufficient attention to his circumstances that led to him tragically going through that stop sign with the horrible results that we have talked about today. Cam Sanders was a remarkable human being by what I have heard read into the record by the family members and I very much appreciate both of you having the courage to read those remarks into the record. Cam was clearly loved by family and friends and his community. He was a special man.

He was especially loved by Joanne, his wife of 46 years, their two children and their four grandchildren. It is worth noting that he was providing loving care and support to Joanne when she was stricken by chronic health challenges. His sunny disposition brought happiness to all around him, not just his family but those who knew him and worked with him and trusted him. But of course all that was lost when he passed in such an untimely fashion. His passing has fundamentally altered so many lives. Joanne does not have her loving caregiver to support her with her challenges.

Joanne and Cam's children and grandchildren, no long have him as a very important father and grandfather figure in their lives to provide wise guidance and assistance. His business which he built now must proceed without his thoughtful guidance and that has put enormous pressure on his son as he now runs that business. He will be missed by everyone who cared for him.

I was particularly struck in the remarks that were read into the record at the degree of forgiveness put forward by the family members. They will miss Cam Sanders but they do not (indiscernible) Mr. Hiebert unduly. Rather, they want him to grow and learn from the terrible tragedy that took Cam Sanders' life and that he commit to become a better person, a better man, father and husband. He is a young man, married, has no children at this point but is hoping to have some and I am very sorry for he and his wife's recent loss that Mr. Venables spoke of.

He has a responsible job and what seems to be good prospects of a good life and future. My task here today is to sentence Mr. Hiebert in a way that is compatible with the law. Now, for the benefit of those who may not be familiar, there are two basic principles that I must follow in providing a sentence. One is specific deterrence and one is general deterrence and let me explain what that means. Specific deterrence is to make sure that Mr. Hiebert never ever again puts himself in a position where he will miss the stop sign and go through it without properly stopping as required by law.

Frankly, I think with the remorse he is showing by this early guilty plea and the remorse he has shown, according to Mr. Venables, I do not have to overemphasize specific deterrence. I think that is met.

But equally important and perhaps even more so is what is called general deterrence and that is where I need to drive, through this decision and my sentence, a message to all drivers in the Province of Ontario that we must all be very diligent when we are driving, not to be distracted, watch what is happening around us, watch what signs are coming up, especially stop signs and warnings about stop signs and white lines on the road. They are crucial to keeping all people who are using the roads of Ontario safe.

Now, the sentence I am going to pass, I want to say to the family please do not for a moment consider it to be the measure of a man that Cam Sanders was. Nothing that I can do in the sentence would ever provide a true measure of Cam Sanders' contributions. Rather, in my view, his measure is in the memory of all those who loved and cared for him, of who he was, what he did as a husband, father and grandfather and community member. That is the true measure of Cam Sanders. Now in coming to a recommendation, counsel has considered three decisions that I provided to them and will reference today.

All three deal with convictions I have dealt with under section 130(3) of the Highway Traffic Act . The first two deal with situations of bodily harm resulted. The third one is where a death occurred. The first is R. v. Boettcher the citation is 2020 OJ No. 544 . In that decision, there was in addition to fines, a probation order for two years and during second year there was permission to drive for employment and education purposes. The second decision, I will reference – and these are all dealing with the issue of licence suspension primarily – is R. v. Pathak 2020 OJ No. 5834 . In that decision, Mr.

Pathak himself suffered significant injuries in the accident that he caused. So much so that he lost the lower part of his leg and he could no longer continue as a truck driver which was his career path. As a result, I accepted a joint submission of counsel for a one year probation order with a four month licence suspension. Finally, the case similar to the one before me today is R. v. Kreyger 2020 OJ No. 3988 where tragically there was a death. In that case, it was a joint submission of counsel for a four year licence suspension.

And why the licence suspension discussion is important is that until we began this hearing today, Ms. Large and Mr. Venables were not in agreement on what the licence suspension period should be. It is to defence's credit that they today came to a joint position with the Crown on the licence suspension and that case law helped guide them as it guides me, in my decision. I am prepared to accept the joint submission. In my view it appropriately raised the specific and general deterrence issues that are necessary for me to build into this decision.

There will be a fine of $4,000 plus appropriate court costs and surcharge. Mr. Venables, what period of time does the gentleman need to pay that fine, sir? MR. VENABLES: I would ask at least a year, please, Your Worship. The fine plus the costs are going to total $5,000 and his ability for his second job will be diminished. I'm not sure if there's a provisions under the Provincial Offences Act for longer than a year but if not –

I would be requesting a year, please. It's just.... THE COURT: All right. MR. VENABLES: Sorry, I don't mean to interrupt. Just knowing that if he does not pay the fine in its totality in the time that the Court has given, any suspension that he receives will be stopped until the fine is paid. So, therefore, lengthening the driving suspension period until the fine is paid in totality. THE COURT: All right. I will accept a one year term for payment but I will assist Mr. Venables.

I understand you primarily do criminal law, sir, and not too much POA law but he is entitled to apply for what is called an extension of time to pay if he has not been able to make full payment in a year but I would suggest regular good faith payments on his part would be appropriate especially for the person who considers such an application, should one be necessary.

There will be a two year probation order starting today's date with the following statutory conditions: The defendant shall not commit the same offence or any related or similar offence or any offence under a statute of Canada or Ontario or any other province of Canada that is punishable by imprisonment. The defendant shall appear before the Court as and when required and three, the defendant shall notify the Court of any change in his address.

In addition, he is to report to probation by telephone, 519-271,5220, within 48 hours and then after that, at all times and places as directed by your probation officer or any person authorized by the probation officer to assist in your supervision. Your reporting requirements end when you have satisfied your probation officer that you have completed all of your community service hours and you are to perform 150 hours of community service work or equivalent as approved of by probation on a rate and

schedule to be directed by the probation officer. Now, Mr. Hiebert, do you understand the terms and conditions of this order, sir? PETER HIEBERT: Yes, Your Honour. THE COURT: Do you agree to follow it? PETER HIEBERT: Yes, Your Honour. THE COURT: Do you understand if you break my order, you will be subject to further charges and if convicted, possible jail? PETER HIEBERT: I understand, Your Honour. THE COURT: All right, thank you. In addition, there will be a three year licence suspension starting on today's date. Now, Mr. Hiebert or Mr. Venables, perhaps you can assist, sir. Is the licence currently available?

MR. VENABLES: Peter, you got your licence back since this incident – or your licence – Your Worship, I don't think his licence was ever taken so it would definitely need to be surrendered to the MTO or.... THE COURT: My understanding and correct me if I'm wrong, Madam Crown, but it would have to be surrendered at a Service Ontario outlet but obviously, starting now he cannot drive. So he would have to make other arrangements to have that licence surrendered. Is there anything else, counsel, that I need to consider in the sentence? MR. VENABLES: I don't believe so, Your Worship. THE COURT: All right. MS.

LARGE: No, Your Worship, thank you very much and I thank the family as well for being here today. THE COURT: Yes, and I do want to say before we conclude these proceedings that the exhibits I have received, being the victim impact statements that were read into the record, as well as the letter from Mr. Hiebert's employer, Pro CNC should be made exhibits in these proceedings. Is there anything else that needs to be an exhibit from the Crown's perspective? MS. LARGE: No, Your Worship. THE COURT: Anything from your side, Mr. Venables? MR. VENABLES: No, thank you, Your Worship.

The only other thing I think if Madam Clerk does not have my email address - I can accept service of the probation and forward it off to Mr. Hiebert once the proceedings are done.

THE COURT: Apparently we have his home address, it can be mailed to him there, sir, but certainly a copy to Mr. Venables would be appropriate as well, Madam Clerk. COURT CLERK: Yes, I can do that. THE COURT: All right. You will get that in a moment. So once again I want to thank everyone for being here today. I am so sorry for the family's loss. Your remarks touched my heart, I want you to know that. It is my sincere hope that all who have been so terribly and adversely impacted by the loss of Mr. Sanders can begin to find peace. Mr.

Hiebert, I wish you well in dealing with the reality of what has happened and your role in this, sir. I thank you all and wish you well. EXHIBIT NUMBER 1 : Victim Impact Statement of Joanne Sanders - produced and marked. EXHIBIT NUMBER 2 : Victim Impact Statement of Ryan Sanders - produced and marked. EXHIBIT NUMBER 3 : Letter from Mr. Hiebert's employer - produced and marked. Form 2 Certificate of Transcript (Subsection 5(2)) Evidence Act I, Tracy Graziotto, certify that this document is a true and accurate transcript of the recording of R. v.

Peter Hiebert, in the Provincial Offences Court, held at STRATFORD taken from Recording POA County of Perth_20220113_085223 which has been certified in Form 1. February 4, 2022 ELECTRONIC COPY _____________________ _______________________________________ (Date) Authorized Court Transcriptionist The Typist Certified Verbatim Transcription 519-721-1879