THUNDER BAY — The transport truck driver who lost control of his vehicle resulting in a collision that claimed the life of Schreiber mayor David Hamilton has been fined $3,000.
Prabhjot Cheema, 36, of Brampton, Ont., and originally from India, appeared before Justice Chantal Brochu via video where he pleaded guilty to the charge of careless driving causing death.
According to an agreed statement of facts, on Feb. 13, 2021 at 7:10 p.m., Cheema was driving a transport truck eastbound on Highway 17 approximately 30 kilometres west of Marathon.
Cheema was approaching a curve in the two-lane highway that had a posted speed limit of 90 kilometres per hour, though a 60 kilometre per hour speed advisory sign was posted ahead of the curve.
The weather at the time was overcast with light snow and the highway surface was considered slippery.
When navigating the curve, Cheema lost control of the truck and it struck the eastbound guardrail before careening back onto the highway and crossing into the westbound lane.
A pickup truck travelling in the westbound lane was struck in an offset head-on manner by the transport truck.
Officers with the Ontario Provincial Police detachment in Marathon were sent to the scene. The pickup truck was observed with significant damage to the front and side and the driver was trapped inside.
Police determined the driver, later identified as 69-year-old David Hamilton, was deceased. The cause of death was determined to be the result of multiple blunt force trauma injuries.
An investigation by the OPP revealed Hamilton was travelling approximately 60 km/h at the time of the collision.
Cheema was travelling in excess of 100 km/h four seconds prior to impact with Hamilton’s pickup truck and 62 km/h at the moment of impact.
Investigators determined braking was applied at the time of the collision but given the transport truck’s initial speed and the road conditions, deceleration would have been difficult.
“Mr. Cheema was driving at a rate of speed that was inappropriate for the road conditions at the time and was thus driving without due care and attention or reasonable consideration for other persons using the road,” the agreed statement of facts reads.
Cheema was initially charged with dangerous driving causing death and a preliminary hearing was held. He instead entered a guilty plea to the charge of careless driving causing death.
Victim impact statements from Hamilton’s wife, Shirley Hamilton, and his daughter, Marnie Hamilton, were shared with the court.
Shirley Hamilton said she has strong support from family and friends, but she still struggles with the tragedy.
“Driving the highway was difficult for a long time. Even now when I see a transport coming around a corner my heart starts to race,” she said.
She added that she and her husband were planning their 50th wedding anniversary in 2024 and now she dreads thinking about that upcoming day.
“I realize everyone experiences grief when a loved one passes away,” she said. “Dave shouldn’t have died that night. The weather and road conditions were not that bad and he was being cautious on that corner. The memory of that night never goes away.”
Addressing Cheema, Shirley Hamilton said she knows he did not set out to take another person’s life that night, but she still struggles with forgiveness.
“I have to believe you feel regret for causing Dave’s death,” she said. “I want to forgive you. It’s difficult to do so when we’ve never even heard ‘I am sorry.’ An apology from you or even the company you work for would go a long way.”
Marnie Hamilton said she has also been struggling with finding forgiveness.
“The emotional damage we suffered and continue to suffer will never go away,” she said. “I have tried my hardest to forgive you Mr. Cheema because my family and my dad would want that. I don’t know if I am there yet, but I will be eventually.”
When given the opportunity to speak through a translator, Cheema did apologize to the Hamilton family.
“Any words from my side will not bring Mr. Hamilton back but from the bottom of my heart I do ask for forgiveness from the Hamilton family,” he said. “I regret every single day when I think about this incident.”
The sentence of a $3,000 fine was part of a joint submission on behalf of defence counsel Sukhi Baidwan and Crown attorney Lillian Taylor.
Baidwan reiterated that Cheema is deeply sorry for his conduct that night and the tragic loss for the Hamilton family.
“This was a tragic incident that led to an untimely death,” he said. “This tragic death is an immense loss to the Hamilton family and such loss cannot be compensated by a legal proceeding.”
Baidwan informed the court that after the incident Cheema stopped driving for several months and has since completed a driver’s safety course through the Salvation Army in Toronto.
Taylor said the joint submission of a $3,000 fine falls within the range of $2,000 and $3,500 fine for the offence of careless driving causing death.
“While no sentence can undo the damage done or approximate the loss of David Hamilton’s family, including Shirley and Marnie Hamilton and Mr. Hamilton’s friends, these tragic consequences demand a strong deterrent and denunciatory message,” Taylor said.
“It takes into account the aggravating factor of Mr. Hamilton’s death, it also takes into account the mitigating factor that Mr. Cheema has taken upfront steps to rehabilitate by participating in a driving course.”
Brochu agreed with the joint submission, highlighting the aggravating factor that the careless driving resulted in the death of Hamilton.
“The mitigating factors the court needs to consider is the fact that Mr. Cheema comes before the court having plead guilty voluntarily, taking responsibility for his actions,” Brochu said, adding that no sentence the court could impose will replace the loss suffered by Hamilton’s family.
“Mr. Cheema has offered what I suggest is a sincere apology to the family. Hopefully that apology, together with the end of these court proceedings, will bring about some closure for the family and I sincerely wish the family the best,” Brochu continued.
“I am assured the guilt Mr. Cheema has expressed to the court is a much greater sentence that this court could ever impose.”
In addition to the $3,000 fine, Cheema is required to pay a $750 victim fine surcharge. He will have 12 months to pay the fine.
