Families For Justice Alberta Prepared for the: Standing Committee on Public Safety and National Security Submitted and prepared by: Sheri Arsenault
FOREVER YOUNG- Impaired Driving Tragedy-A True Story JEUNES POURTOUJOURS - Conduire en état d’ivresse – Une histoire vraie A Five Minute Video to Symbolize the Inconceivable Heartache and Sorrow that FOUR Canadian Families Experience Every Single Day in our Country. Une vidéo de cinq minute pour Symboliser le chagrin et la peine inconcevables dont QUATRE Familles Canadiennes Souffrent Chaque Jour dans notre Pays. (To be viewed prior to presentation) (À visualiser avant la présentation) Presented and submitted in both official languages. Présenté et soumis dans les deux langues officielles. YouTube Link / Lien You Tube: https://youtu.be/srxETxEWvsk By/Par: Sheri Arsenault ~Dedicated to Bradley Arsenault, to all our angels~ ~Dédié à Bradley Arsenault, Dédié à tous nos anges~ Special acknowledgments to KewProductions and Ines Tyler Remerciements spécials à KewProductions et Ines Tyler
Families for Justice (Alberta) Sheri Arsenault Brief To The House of Commons/Chambre Des Communes CANADA Standing Committee on Public Safety and National Security February 6, 2017 Firstly, I want to thank you for inviting me to speak to you on what is to me, and likely our whole country, one of the most important decisions a Government and Parliament could make during our lifetime. Safety is a non- partisan issue; and everyone’s concern. I speak to you today not as a legal expert, or as an organization with vast resources, but as a common citizen and a real victim. I also want to thank you for watching the video of my personal tragedy. What you saw there is not just my own heartbreaking story but a video meant to depict what on average 4 families go through every day in Canada. We bury our children, and loved ones and continue our lives in sorrow forever. It’s not a matter of when an impaired driving tragedy will occur, but is a matter of who is next. On November 26 th , 2011, my 18 year old son Brad, and his two good friends Kole Novak and Thad Lake were violently killed by a drunk driver that was 3 times over the legal limit. The offender mowed through my son’s car with his heavy pickup truck travelling at 200 kms/hr in a 70 km/hr zone. I can attest that it was an extremely horrific experience. My son Bradley could only be identified by his dental records. There was nothing left of him. Every parent’s worst nightmare is that knock on the door by that stranger, in a uniform with his hat off. I had that knock on my door and my life will never be the same. It’s hard to find joy in life when you lose a child, especially so horrifically, and violently for a crime that is so preventable. The impaired driver, Mr. Johnathan Pratt, was subsequently charged with 3 counts of impaired operation of a vehicle causing death, 3 counts of driving over the 0.08 BA limit causing death and 3 counts of manslaughter for a total of 9 charges. He was found guilty and convicted on all 9 charges. He was then sentenced on August 28, 2014, to 3-five year concurrent sentences for the manslaughter charges, and 3-three year concurrent sentences for the impaired driving causing deaths (a total sentence of 8 years). Attaching manslaughter to this crime is rare as it has only been done 14 times in Canada and three times in Alberta. I have recently been advised by Correctional Services Canada, that Mr. Pratt will be eligible for full parole on April 28, 2017 which is only 2 years and 8-months of his 8-year sentence. He killed 3 young men! It was while I was suffering from extreme grief that I had a vision, a vision that every child, every parent, every man and women would someday be able to get home safely; I had a - 1 -
dream that everyone could come home on our streets and roadways without the fear that they would be killed or injured by the actions of an impaired driver. I knew that I could never bring my son, Brad, back but that I could possibly do something positive that would prevent other mothers from going through a similar tragedy. It was at this time that I joined forces with another grieving mother from Surrey, British Columbia who founded ‘Families for Justice’ and who had suffered a similar loss. We and a small group of other grieving mothers felt strongly that the sentences given to impaired drivers causing death(s) were much too lenient to act as a deterrent for preventing this crime from happening in the first place. We also felt that the sentence given to impaired drivers causing death(s) was not at all commensurate with other sentences given for similar serious offences. Our group became larger and larger every week. Families for Justice was able to gather in excess of 117,000 signatures on their Petition which recommended changes be made to the Criminal Code. Most significant was the Petition’s recommendation to include “a mandatory minimum sentence of 5 years for impaired driving convictions causing death(s). The Petitions were all presented and tabled in the House of Commons. Current Legislation The early suffering from my loss was in itself very difficult but the attendance to some 31 Court related appearances only compounded my difficulties. It took almost a period of 3 years from the date of the tragedy to the date of sentencing. The offenders have many rights that include the right for bail, the right to expert defence, the right to a Preliminary Hearing, the right to a full trial and some have the right to receive Gladue Report considerations prior to sentencing. Then after being convicted the offender has the right to an Appeal, a right for passes to leave prison, a right for temporary escorted passes for personal development, the right to apply for day parole after serving 1/6 of their sentence, the right for full parole after serving 1/3 of their sentence and the right for Statutory Release after serving 2/3 of their sentence. The victims’ only right is to prepare and present a Victim Impact Statement. Period. The justice system seems almost biased in favour of the offender. Understandably, Court officials seldom have to view the scene of an impaired driving disaster involving death. It is only the family victims, the first responders and law enforcement who are visually impacted and can fully appreciate the destruction done by an offender. People of all statures and walks of life are willing to get behind the wheel of a vehicle and drive while impaired. The risk of being caught is very low and when a fatal collision happens, the sentences are extremely lenient compared to other crimes that cause death. Death(s) caused by an impaired driver are still often perceived as an unfortunate accident by our current sentencing practices. The inconsistencies among similar offences, with similar circumstances, the same offence with different judges, and the same offence in different geographical locations is simply staggering. I have seen sentences as low as “house arrest” and have personally attended dozens of Court cases that included trials, plea bargain deals, sentences and parole hearings of others that are walking in my same painful shoes. My attendance was not only to support someone that I could relate with but was to help navigate them through our extremely complicated justice system. The one common theme that’s found in all cases was the lenient sentences given to the offenders. The lenient sentences do not reflect the seriousness of this crime, the loss of life, and the trauma it caused to the victim families. The general public feels that the sentences given for these horrific crimes that cause death(s) are “a joke” or “a slap” on the wrist”. The public wants stiffer penalties. I do believe - 2 -
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