R. v. Grewal Date:, 2013 BCPC 203

Citation: R. v. Grewal Date: 20130606 2013 BCPC 0203 File No: 60245 Registry: Chilliwack IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. SUKHVIR SINGH GREWAL ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE MacKAY Counsel for the Crown: P. Blessin Counsel for the Accused: K. Filkow Place of Hearing: Chilliwack , B.C. Date of Hearing: June 6, 2013 Date of Judgment: June 6, 2013 [ 1 ] THE COURT : This case is yet another reminder of the danger of driving a motor vehicle without regard to the applicable

legal and logical rules. We do not need any more reminders. Every year, there seem to be cases of this sort. Every year, lives are taken, families are shattered, and we are left without the benefit of good people who otherwise would have been making our world collectively and individually a better place. [ 2 ] Is it a collective amnesia? Is there something unclear about this experience that seems to require its repetition time after time? Is there a better way to make this stop?

Some of these issues are best left to politicians to debate and act upon, but it seems to me that we have not to date found an answer to many of these questions – at least a satisfactory answer. [ 3 ] Most of these cases share a common characteristic. They typically result from somebody being foolish and not taking the proper precautions to drive safely. That person or those persons forget that they are in charge of a lethal weapon that takes the form of a motor vehicle. These events are often the product of consumption of some alcohol or conscious disobedience to the traffic laws.

These events as we know from experience can occur in an instant. A few seconds of idiotic behaviour can cause immeasurable grief. [ 4 ] In most cases, the offender is remorseful. He or she has not set out to hurt anyone. Often he or she was trying to impress his or her friends. The offender is crushed by the consequences and has to spend the rest of his or her life cognizant of the fact that they are responsible for killing or hurting someone else. Virtually always, there are family members and friends of the victims who do not deserve the grief and pain brought about.

They are forced to wrestle with the consequences of someone else's thoughtlessness. What they lose is irreplaceable. This situation produces a feeling of helplessness and inadequacy in the rest of us. There is nothing we can say or do to bring peace to them. [ 5 ] The task of a sentencing judge in many of these cases – and this is certainly one – is made more difficult by the fact that the accused too is a good person who has made a terrible mistake.

It is much easier dealing with individuals in criminal court to sentence a callous, unfeeling monster than a human being who is capable of having compassion and, in particular, understanding the pain that he or she has caused by their actions. [ 6 ] By all accounts, Mr. Grewal is a good person. Any punishment I impose I expect will likely be far less than the self-imposed punishment that he wrestles with now. [ 7 ] I have heard from the mother of Drew Helgason through the victim impact statement read in by Mr. Blessin. Mr. Helgason was killed by the dangerous driving of Mr. Grewal.

Her account is moving and haunting; it is an eloquent outline of the devastation of a parent who has lost the light of her life. I cannot adequately articulate my feelings in this regard other than to tell you, ma'am, that your words have moved me to say that I hope that as time passes your grief becomes easier to bear. [ 8 ] To Courtney Lewis, the other victim of this crime, I say as well that your words have had a deep impact. I am hopeful that you find a path through all of your grief. I have read the letters filed by the many friends and relatives of Mr.

Helgason and acknowledge that you, too, have been terribly affected by this tragedy. [ 9 ] Mr. Grewal's family, friends and employers also suffer grievous consequences here. He has let each one of them down and shaken their trust in him. Nevertheless, they continue to stand behind him. Mr. Grewal, you should know that you are lucky in that regard. Many people do not have that kind of support. [ 10 ] Mr. Grewal I am confident both by the representations of Mr. Filkow, from what I have read in the pre-sentence report, and his own remarks to me a moment ago, has taken this incident to heart-as he should.

He has made some effort to connect with Mr. Helgason's mother to try to make some sort of amends. I accept he is genuine in this regard. He will need to continue this process for the rest of his days. It can be best continued by actions, not just words. To say and feel sorry is not enough in the circumstances. He must go to any and all lengths to ensure that he never does anything this thoughtless and selfish again. I intend to address this further in the terms of probation that I will pronounce. [ 11 ] Counsel provided me with authorities and have both made compelling submissions in support of their positions.

I have considered these authorities; I do not propose to go into them in detail. [ 12 ] Without again going into detail, I have concluded that I must address deterrence, denunciation, and rehabilitation as best I can in passing sentence. [ 13 ] Mr. Grewal is a good candidate for rehabilitation and has taken steps in that direction that I find to have been sincere. He is not somebody who poses an ongoing threat to the public and therefore the need to separate him from society is slight. [ 14 ] Specific deterrence is also not as important a need in this particular case.

He is of good character and he has shown signs that he is somebody who will learn from this lesson and not re-offend. [ 15 ] As to denunciation and general deterrence, I do appreciate the views of counsel. I do not see this as a case where a medium to long provincial jail term would serve a useful purpose, nor does it seem to me to be a proper case for a suspended sentence. While it is true that Mr. Grewal did not act maliciously or display a persistent or sustained disregard for others, in my view his speeding which at the low end was 40 kilometres over the speed limit and at a particularly tricky

section of the road was an egregious error of judgment. His conduct in my view is more blameworthy than that of some of the accused referred to in some of the cases that have been discussed before me this afternoon. This is, for example, well beyond in my view simply reaching down momentarily to pick something up from the floor of a car, however blameworthy that conduct is. [ 16 ] I am mindful that I must also try to send a message how ever dubious the prospect of sending a message to the general public is by way of my sentence in the hopes that at least one person might think twice about carrying on in this fashion and thereby not commit

an act that is going to cause further death and destruction. A jail sentence makes that point in my view. [ 17 ] It appears to me that the approach adopted by my brother Judge Baird (as he then was) in the case of R. v. David , June 15, 2012, Surrey Registry No. 18548-1 that counsel has referred to has merit. There are indeed as I read the decision a number of parallels between

that case and this. It is not clear to me exactly what the circumstances were in David ; indeed they are not referred to explicitly in the judgment. [ 18 ] Here, the circumstances of causing the grievous injury and death of two close friends can in my view be denounced by the imposition of a 90-day jail sentence. I am of the view for the reasons I have gone over and from the discussions that we have had with counsel in the course of the submissions that it can be served intermittently. [ 19 ] Therefore -- now is the time to stand up again, Mr. Grewal -- I am sentencing you to 90 days jail.

It will be an intermittent sentence. The first day of that sentence will be served today. You will report thereafter to North Fraser Pre-trial Centre by 6:00 p.m., Friday, June 7th, 2013 and remain in custody to Sunday, June 9th, 2013 at 12:00 p.m. Thereafter, you will report each and every weekend until such time as the sentence is fully completed.

You will attend at North Fraser Pre-trial Centre in a fit and sober condition at the time without being under the influence of any alcohol or non-prescription drugs. [ 20 ] During those periods of time between the times when you are serving your sentence, you will be on probation. The terms of probation that apply in those intermittent periods are as follows: 1. You will keep the peace and be of good behaviour. 2. You will appear before court when required to do so by the court. 3.

You will notify the court or your probation officer in advance of any change of name or address and promptly notify the court or your probation officer of any change of employment or occupation. For that purpose, Mr. Filkow, I am going to require that he report to probation and check in at least by tomorrow at 4:00 p.m. before he attends North Fraser Pre-trial. If that poses some logistical problems, I will certainly hear from counsel. [ 21 ] Once the jail sentence is served, that will be followed by a period of probation for 15 months. The terms will be as follows: 1.

First, again you will keep the peace and be of good behaviour. 2. You will appear before court when required to do so by the court. 3. You will notify the court or your probation officer in advance of any change of name or address and promptly notify the court or the probation officer of any change of employment or occupation. 4. You will report in person to a probation officer within 72 hours of the completion of your jail sentence at the office of Chilliwack Community Corrections, Chilliwack B.C.

You will thereafter report as and when directed by your probation officer in the manner directed by your probation officer. I will stipulate this – it may be unnecessary – but you may make arrangements with your probation officer to be supervised at a probation office that is closer to your home. I will leave that to you and the probation office to sort out. 5. You will inform your probation officer of your residential address and phone number and not change that address or telephone number without prior written notice to your probation officer. [ 22 ] I think you told me, Mr.

Blessin, or somebody did, that no weapons, or was it firearms? [ 23 ] MR. BLESSIN:

Section 109 is a mandatory term for this offence. [ 24 ] THE COURT: That is independent of the –- [ 25 ] MR. BLESSIN: Independent of that. I am not specifically asking for it as part of any probation order. [ 26 ] THE COURT: All right. It would not make sense to be part of a probation order. It actually makes sense as part of the sentence anyways. In any event: 6. For the period of probation, you shall not possess or consume any alcohol or non-prescribed drugs. 7.

You shall attend for, participate in and complete to the satisfaction of your probation officer any counselling or program as directed by your probation officer. Without limiting the generality of this condition, such counselling or program may, in the discretion of your probation officer, include counselling for alcohol or drug abuse. [ 27 ] I appreciate, Mr. Filkow, that the circumstances here do not fully support a conclusion that alcohol caused this accident but I am satisfied it had something to do with it.

If the probation officer determines that such counselling is superfluous or unnecessary, then he or she may relieve your client from attending. [ 28 ] I will hear from counsel if there are any more specific counselling programs that ought to be included in the order. I am inclined to leave it general otherwise. [ 29 ] MR. BLESSIN: I would suggest simply leaving it general and the probation office can deal with that. [ 30 ] THE COURT: Mr. Filkow, your thoughts? [ 31 ] MR. FILKOW: No. [ 32 ] THE COURT: 8.

You shall perform and complete at the direction of and to the satisfaction of your probation officer 60 hours of community

service work. Those shall be completed no later than June 30th, 2014. Such community service work may be completed for the benefit of – and I will invite counsels' thoughts on the wording of this, but what I had in mind was – any organization devoted to assist victims of driving offences. That would be relatively broad and might include something like Mothers Against Drunk Driving or an organization of that sort. Your thoughts on that, Mr. Filkow? [ 33 ] MR.

FILKOW: I think that's appropriate, Your Honour. [ 34 ] THE COURT: Now, before I leave the probationary terms proper, are there any other terms that counsel would invite me to consider? [ 35 ] MR. BLESSIN: The Court itself suggested a curfew and Your Honour may wish to consider that even for the first part of the order. [ 36 ] THE COURT: Yes.

In view of the fact I am giving him a jail sentence and in view of the fact that the time of day or evening did not really have much to do with this so I am going to decline the invitation to impose a curfew. [ 37 ] There will be a s. 109 order with respect to firearms; there will be a DNA order. I think under the circumstances – did you say that that was mandatory, Mr. Blessin? [ 38 ] MR. BLESSIN: No, the DNA is secondary on both counts. [ 39 ] THE COURT: Nevertheless, I think it is the sort of offence that logically lends itself to a DNA order. [ 40 ] Anything I have overlooked, Mr. Blessin? [ 41 ] MR.

BLESSIN: A driving prohibition, Your Honour. [ 42 ] THE COURT: Yes. I do not think I am going to impose a further prohibition. I am told the Superintendent will take care of that for the next year. We will leave it at that. [ 43 ] There will be a victim fine surcharge again in a higher than normal amount. I am going to impose that in the amount of $1,000.

I will leave it to whoever administers that fund as to the use of that, but my hope is that it is used to assist efforts in publicizing the dangers of this sort of behaviour so that other people might hopefully learn from this and we do not have to go through this entire movie again with different actors. [ 44 ] Now, have I left anything unsaid or any term unspoken? [ 45 ] MR. BLESSIN: Not from the Crown's perspective, no, Your Honour. [ 46 ] THE COURT: Mr. Grewal, finally I will say this to you.

You are never going to be able to fully make good for what you did that day, but the responsibility is on you to live the rest of your life in such a manner that your friend, who is now no longer with us, would be proud of you. That includes taking every possible step you can to make amends to those who are surviving him and living the rest of their lives without the benefit of his love and his companionship. I will leave that to you to consider. That is it; we are done with this case. [ 47 ] MR.

BLESSIN: Crown directs a stay on the remaining counts. [ 48 ] THE CLERK: Just to clarify, Your Honour, the victim surcharge is three counts? [ 49 ] THE COURT: Yes, I should have clarified that as well. The sentence will be on each count concurrent with each other and the surcharge similarly will apply to four counts. So it is $1,000 total, so $500.00 each count. All right? [ 50 ] Finally, to the friends and the family of both Mr. Grewal and the victims of this offence, again I appreciate your attendance, and my condolences.

This has been hard on all of you, I know, and hopefully you will not have to go through this again in the future. Thank you for attending. ________________ R.C. MacKay J.