IN THE PROVINCIAL COURT OF BRITISH COLUMBIA

[1]           Mr. Alban Queyras has plead guilty to one count of driving without due care and attention under information 67179 on August 11, 2019.

[2]           The circumstances of the offence are as follows:

[3]           Mr. Queyras is a French National who was on holidays in the Vancouver area at the time.  He had arrived in Vancouver on July, 2019.  On Aug 9^th the family and their friends, Ms. Balzan and her daughter went up to Whistler in a rented Dodge Caravan.  Mr. Queyras’ family included his wife, an 11 year old son and twins of just about 18 months of age.

[4]           On their return trip to West Vancouver, Mr. Queyras was driving southbound on Horseshoe Bay Drive in West Vancouver, having exited the Highway.  He crossed the center line and after clipping the rear corner of a Ford F150, hit a Yaris head on.  Tragically, 29-year-old Sage Massey was driving that vehicle and she was killed in the collision.

[5]           Mr. Queyras and his wife are both social workers in France with a young family.  Mr. Queyras has no criminal or driving record and there is no suggestion that alcohol or drugs were factors in the accident.  He does not suffer from any addictions or afflictions that would be relevant to this hearing.

[6]           There is evidence before the court that his driving was entirely appropriate up to a mere moment before the accident.  Nonetheless, Mr. Queyras admitted to the police in a warned statement soon after the accident that he knew he was tired, as he had only 2 hours sleep 2 nights before the accident and only 6 hours sleep on the night before the accident, because the twins were not sleeping well in Whistler.  He purchased a coffee to assist him in staying alert.  He was well aware of the terrain he was driving in.  He considered stopping but chose to carry on, as there were only 27 kilometres left in the trip.

[7]           Mr. Queyras openly acknowledged immediately after the accident that he believed he had fallen asleep.

[8]           I have the very eloquent and heartbreaking account by Ms. Massey’s mother, of the measure of her loss.  Her description of Sage Massey is of a healthy, happy, engaging young woman who embraced her life fully and had a vocation she loved.  She was adored by her clients and their families and of course by her own family members.  Ms. Clark closes the statement saying that she is forever broken, and after reading her description of her daughter, one can well understand why and how profound the loss is to her and to society.

[9]           In this case I have the joint submission of Crown and defense that the appropriate penalty is a fine ranging from $1,500 to $2,000.  They are not seeking a driving prohibition, as it would be meaningless, given that Mr. Queyras lives in France.

[10]        In each case, “a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender,”

[11]        The court must impose similar sentences for similar offences committed in similar circumstances.

[12]        The law requires a sentencing judge to balance a variety of factors in arriving at a fit sentence for each offender.  Without this requirement, it would be relatively simple to impose a sentence based solely on the effect on the victims to the offence divorced from all other considerations.

[13]        Factors in mitigation:

[14]        Factors in aggravation:

[15]        Decisions about what charges can and should be laid in the wake of a serious incident of this kind are made by very experienced Crown counsel.  They must consider a wide variety of factors in making those decisions, including the possibility of proceeding with more serious charges.  In this case that decision was rejected after the evidence and prospect of conviction were analyzed.

[16]        The Crown chose to proceed in this matter pursuant to s 144(1)(a) of the Motor Vehicle Act which makes it an offence to drive without due care and attention.  That is something different from a criminal offence under the Criminal Code.

[17]        Mr. Queyras’ error was in the nature of negligence.  He is being held accountable not for criminal conduct but for being negligent by failing to exercise the care and attention that was due of him on the date and in the circumstances in question.  This is so, even though the consequences of his failure to exercise due care and attention were so dreadfully tragic.

[18]        Mr. Queyras is not being sentenced for causing Sage Massey’s death; he is being sentenced for driving without due care and attention – an offence that carries less moral blameworthiness than, for example, the Criminal Code offence of criminal negligence causing death.

[19]        I must also have regard to the magnitude of the loss to the family of Sage Massey.  While I can only begin to appreciate that loss, and the fact that her mother and other family members are living with it each and every day, I agree with the comments of many of the judges that have sat on too many such cases before this.  As stated by the late Judge Stansfield, our former Chief Justice in R. v. Cameron, 2004 BCPC 500:

[20]        I agree with Mr. Leggett that this case does not fall within the range of cases requiring the maximum penalty in terms of the fine available.  However, I have also given consideration to the fact that Mr. Queyras was aware that he was tired and elected to drive in any event, rather than rest before proceeding.  Having considered the careful balancing required by the principles of sentencing, taking into account the seriousness of the offence, the degree of responsibility of the offender, and the terribly tragic consequences, I am of the view that the appropriate fine should be $1,800.  There will be a Victim Fine Surcharge of 15%.  Mr. Queyras will have 30 days to pay the fine and surcharge.