Whitehorse taxi driver who hit pedestrian, leaving her with permanent brain damage, sentenced to house arrest
A Whitehorse taxi driver who hit a pedestrian with his vehicle last year and left her with "catastrophic" brain damage has been given a two-month-long conditional sentence and six months of probation.
Territorial Court Chief Judge John Phelps sentenced Abdella Jemallo on one count of driving at an unreasonable speed — a violation of the Yukon's Motor Vehicles Act — on Wednesday.
Jemallo, 52, pleaded guilty last week. According to an agreed statement of facts, he was driving on Second Avenue the morning of Feb. 13, 2024, when he hit Virginie Bourque as she crossed the street in front of the Yukon Centre Mall, at a section with no crosswalk.
Jemallo, who had a passenger in his taxi despite his vehicle-for-hire permit expiring the week before, was driving at between 67 km/h to 71 km/h when he hit Bourque. The impact threw her at least 35 metres, the statement says, and she suffered injuries including a fractured pelvis and spine as well as "a severe traumatic brain injury that caused permanent neurological damage."
Jemallo's taxi rear-ended two vehicles at the traffic light at Ogilivie Street, coming to a stop 61 metres away from the crash site.
The statement says an accident reconstructionist found that if Jemallo had been driving the 40 km/h speed limit, he would have been 86 metres away from the point of impact while Bourque was crossing. It also says Bourque crossed the street on an "angled" route, and had she crossed in a "perpendicular manner," she would have made it to the other side.
Bourque was medevaced to Vancouver and was in a coma for four months. In an emotional victim impact statement, her partner, Jessica Busque, told the court that doctors said she'd suffered "catastrophic" brain damage.
While Bourque has regained consciousness, Busque said she can no longer speak, eat, or move on her own, and the ambitious, brilliant and beautiful 33-year-old who was a supportive, grounding presence for her friends and family will have to live in a care facility for the rest of her life.
"It hurts to see her trapped in a body that doesn't work anymore," Busque said through tears. "It hurts to see her suffer, it hurts to see that her young adult years were taken away from her… It's been nothing but heartbreaking."
No sentence can 'end the pain,' judge acknowledges
Territorial Crown Amy Porteous recommended that the court give Jemallo a three-week sentence, with the option of serving it in the community, and 30 hours of community service.
Defence lawyer Jennifer Budgell, meanwhile, requested that Jemallo get a $500 fine — the maximum allowed under the Motor Vehicles Act — and 60 days of probation.
Phelps, when giving his sentencing decision, noted the penalties he could impose were limited by the legislation.
He noted a number of mitigating factors, including Jemallo's age, his clean criminal record, his guilty plea, and the fact that he only had one driving offence prior to the crash — failure to wear a seatbelt — and none since. He also acknowledged Jemallo was responsible for driving his three children to and from school and extracurriculars.
However, Phelps also pointed out several aggravating factors, including that Jemallo was a professional driver with the added responsibility of ensuring the safety of his passengers, which should have translated to safer driving overall. As well, Jemallo was driving well above the speed limit and accelerated up until the collision, travelling 214 metres down Second Avenue before hitting Bourque.
Acknowledging that no sentence could "end the pain," Phelps sentenced Jemallo to two months of house arrest followed by six months of probation. His conditions include remaining on his property and not driving except to go to and from work or with written permission from his supervisor.
Jemallo must also complete 80 hours of community service at least 45 days before the end of his probation.
He declined to speak to CBC News.
Busque, Bourque's partner, said in an interview Wednesday afternoon that she thought Jemallo's sentence was fair and that she has "no anger towards him whatsoever."
However, she said it was still difficult to accept what happened.
"I think it's unfair," Busque said.
"I know it's a tragic accident and she was at the wrong place at the wrong time [but] when things like this happen, it makes you question a lot of things in life."
Busque, who along with Bourque had called the Yukon home, now splits her time between Whitehorse and Montreal, where Bourque is in a rehabilitation facility. Besides the emotional, physical and financial cost of the situation, Busque said she's also still grieving the person that Bourque was before the crash, and what their future together could have been.
However, she added that she hoped that the situation would send a message to drivers about the responsibility they hold behind the wheel, noting that Second Avenue had already seen its "share of tragedy" and had a low speed limit for a reason.
It was a sentiment she also shared in her victim impact statement.
"I hold onto hope — hope that some kind of justice or meaningful impact can come from this," she said.
"Because in exchange, we were robbed of the most beautiful human being."
Borque's family has filed a lawsuit against Jemallo, Yellow Cabs and the City of Whitehorse. It has yet to be tested at trial.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
CBC
02-05-2025
- CBC
Whitehorse taxi driver who hit pedestrian, leaving her with permanent brain damage, sentenced to house arrest
A Whitehorse taxi driver who hit a pedestrian with his vehicle last year and left her with "catastrophic" brain damage has been given a two-month-long conditional sentence and six months of probation. Territorial Court Chief Judge John Phelps sentenced Abdella Jemallo on one count of driving at an unreasonable speed — a violation of the Yukon's Motor Vehicles Act — on Wednesday. Jemallo, 52, pleaded guilty last week. According to an agreed statement of facts, he was driving on Second Avenue the morning of Feb. 13, 2024, when he hit Virginie Bourque as she crossed the street in front of the Yukon Centre Mall, at a section with no crosswalk. Jemallo, who had a passenger in his taxi despite his vehicle-for-hire permit expiring the week before, was driving at between 67 km/h to 71 km/h when he hit Bourque. The impact threw her at least 35 metres, the statement says, and she suffered injuries including a fractured pelvis and spine as well as "a severe traumatic brain injury that caused permanent neurological damage." Jemallo's taxi rear-ended two vehicles at the traffic light at Ogilivie Street, coming to a stop 61 metres away from the crash site. The statement says an accident reconstructionist found that if Jemallo had been driving the 40 km/h speed limit, he would have been 86 metres away from the point of impact while Bourque was crossing. It also says Bourque crossed the street on an "angled" route, and had she crossed in a "perpendicular manner," she would have made it to the other side. Bourque was medevaced to Vancouver and was in a coma for four months. In an emotional victim impact statement, her partner, Jessica Busque, told the court that doctors said she'd suffered "catastrophic" brain damage. While Bourque has regained consciousness, Busque said she can no longer speak, eat, or move on her own, and the ambitious, brilliant and beautiful 33-year-old who was a supportive, grounding presence for her friends and family will have to live in a care facility for the rest of her life. "It hurts to see her trapped in a body that doesn't work anymore," Busque said through tears. "It hurts to see her suffer, it hurts to see that her young adult years were taken away from her… It's been nothing but heartbreaking." No sentence can 'end the pain,' judge acknowledges Territorial Crown Amy Porteous recommended that the court give Jemallo a three-week sentence, with the option of serving it in the community, and 30 hours of community service. Defence lawyer Jennifer Budgell, meanwhile, requested that Jemallo get a $500 fine — the maximum allowed under the Motor Vehicles Act — and 60 days of probation. Phelps, when giving his sentencing decision, noted the penalties he could impose were limited by the legislation. He noted a number of mitigating factors, including Jemallo's age, his clean criminal record, his guilty plea, and the fact that he only had one driving offence prior to the crash — failure to wear a seatbelt — and none since. He also acknowledged Jemallo was responsible for driving his three children to and from school and extracurriculars. However, Phelps also pointed out several aggravating factors, including that Jemallo was a professional driver with the added responsibility of ensuring the safety of his passengers, which should have translated to safer driving overall. As well, Jemallo was driving well above the speed limit and accelerated up until the collision, travelling 214 metres down Second Avenue before hitting Bourque. Acknowledging that no sentence could "end the pain," Phelps sentenced Jemallo to two months of house arrest followed by six months of probation. His conditions include remaining on his property and not driving except to go to and from work or with written permission from his supervisor. Jemallo must also complete 80 hours of community service at least 45 days before the end of his probation. He declined to speak to CBC News. Busque, Bourque's partner, said in an interview Wednesday afternoon that she thought Jemallo's sentence was fair and that she has "no anger towards him whatsoever." However, she said it was still difficult to accept what happened. "I think it's unfair," Busque said. "I know it's a tragic accident and she was at the wrong place at the wrong time [but] when things like this happen, it makes you question a lot of things in life." Busque, who along with Bourque had called the Yukon home, now splits her time between Whitehorse and Montreal, where Bourque is in a rehabilitation facility. Besides the emotional, physical and financial cost of the situation, Busque said she's also still grieving the person that Bourque was before the crash, and what their future together could have been. However, she added that she hoped that the situation would send a message to drivers about the responsibility they hold behind the wheel, noting that Second Avenue had already seen its "share of tragedy" and had a low speed limit for a reason. It was a sentiment she also shared in her victim impact statement. "I hold onto hope — hope that some kind of justice or meaningful impact can come from this," she said. "Because in exchange, we were robbed of the most beautiful human being." Borque's family has filed a lawsuit against Jemallo, Yellow Cabs and the City of Whitehorse. It has yet to be tested at trial.
CBC
14-04-2025
- CBC
Poilievre says he'll use notwithstanding clause to ensure multiple-murderers die in prison
Social Sharing Conservative Leader Pierre Poilievre says he'll ensure multiple-murderers die in jail by becoming the first Canadian prime minister to override Charter rights by invoking the notwithstanding clause. "Conservatives believe a punishment should be proportionate to the crime. If you kill multiple people you should spend the rest of your life behind bars," he said in a video promoting the policy. "Multiple-murderers should only come out in a box." People convicted of first-degree murder in Canada are ineligible for parole for 25 years. A sentencing provision introduced in 2011 by the Harper Conservatives gave judges discretion to hand out consecutive, 25-year blocks of parole ineligibility in cases where an offender has committed multiple first-degree murders. It means that if someone was convicted of six murders they would not be eligible for parole for 150 years. But that provision in the law was ruled unconstitutional by the Supreme Court of Canada in 2022, which said consecutive periods of parole ineligibility "are intrinsically incompatible with human dignity because of their degrading nature." The notwithstanding clause, Section 33 of the Charter of Rights and Freedoms, gives parliaments in Canada the power to override certain portions of the Charter for five-year terms when passing legislation. The clause can only override certain sections of the charter — including Section 2 and sections 7 to 15, which deal with fundamental freedoms, legal rights and equality rights — but can't be used to override democratic rights. Once invoked, Section 33 prevents any judicial review of the legislation in question. After five years, the clause ceases to have any effect — unless it is re-enacted. The clause has been used at the provincial level multiple times including in recent years by Saskatchewan, Quebec and Ontario, but it has never been used at the federal level. Poilievre and the notwithstanding clause Poilievre said Alexandre Bissonnette, the 2017 Quebec City mosque shooter who killed six people, and Justin Bourque, who shot and killed three Mounties in New Brunswick in 2014, are good examples of why he needs to use the clause. After Bissonnette pleaded guilty in 2018, the Crown asked the Quebec Superior Court judge to impose a parole ineligibility period of 150 years — 25 consecutive years for each of the six people he murdered. The judge handed down a life sentence with no chance of parole for 40 years — a decision that was overturned in 2020 by the Quebec Court of Appeal, which unanimously decided to set Bissonnette's period of parole ineligibility at 25 years. When Bourque was sentenced, the judge applied the Harper-era law, resulting in Bourque being ineligible for parole for 75 years. But in a 2023 decision, the New Brunswick Court of Appeal reduced Bourque's parole eligibility by 50 years. The ruling means the 33-year-old can now seek parole at age 49 instead of 99. Poilievre's previous election promises include a pledge to pass a "three-strikes-and-you're-out law," which would stop criminals convicted of three "serious" offences from ever getting bail, probation, parole or house arrest. Three-time serious, violent criminals would be classified as "dangerous offenders" under the law to make their release into the community less likely. Repeat offenders would also be required to serve a minimum sentence of 10 years to life behind bars for their third offence.
CBC
11-12-2024
- CBC
Nicholas Villeneuve sentenced to 6 years for drunk driving crash that killed couple, paralyzed man
A drunk driver who caused a fatal accident in 2019 has been sentenced to six years behind bars. Nicholas Villeneuve, 26, pleaded guilty to four charges — two counts of operating a vehicle while impaired causing bodily harm and two counts of operating a vehicle while impaired causing death. In provincial court in Gander Tuesday, he was sentenced to six years for each of the four charges but will serve them concurrently. Villeneuve was speeding down a wet and dark Trans-Canada Highway while nearly twice over the legal alcohol limit on July 7, 2019. The Gander man, who was 20 at the time, killed John and Sandra Lush of Lewisporte in a head-on collision. Their daughter, Suzanne, and her boyfriend, Joshua Whiteway, were also in the car. Suzanne suffered serious injuries including a lacerated liver, and Whiteway was paralyzed in the crash. Whiteway, who attended the sentencing Tuesday with friends and family for support, told CBC News he had mixed feelings. "Six years isn't a long time. I'd like to see more, and especially going forward, we see so many instances where impaired driving is ruining people's lives," he said. "Forgiveness is a strange thing to think about. How do you forgive someone who killed two people you loved? I do hope he has learned." Judge Jacqueline Jenkins told court she took Villeneuve's age at the time into account, but said a "blatant disregard for the rules of the road" played a part in the decision. "This was no accident. He made a previous stop in Gander. So he made this fatal, horrific choice twice that night," Jenkins told the court. "There's no way of knowing the suffering they endured as they died…The word 'devastating' doesn't suffice." Villeneuve, who had eight previous convictions under the Motor Vehicles Act, faces a seven-year driving ban following his time in prison. Defence lawyer Rosellen Sullivan had asked the court for Villeneuve to serve five years in jail and be prohibited from driving for five years. Villeneuve will also be credited 53 days time served since his conviction in mid-November.
