IN THE SUPREME
COURT OF BRITISH COLUMBIA

Date:  20150825

Docket:  39700-2

Registry:
Campbell River

Regina

v.

Elizabeth Lucille Sparks

Before:
The Honourable Mr. Justice Thompson

Oral Reasons for Sentence

[1]
THE COURT: Ms. Sparks has pleaded guilty to having the care
and control of a motor vehicle and causing an accident resulting in the death
of Robert Lacoursiere, having consumed alcohol in such quantity that the
concentration thereof exceeded 80 milligrams of alcohol in 100 millilitres of
blood.

[2]
At approximately 3:45 p.m. on 20 November 2014, Ms. Sparks was
driving northbound on Highway 19 south of Sayward. Mr. Lacoursiere was
driving southbound on the same stretch of road. Ms. Sparks’s car crossed
the centre line and collided with Mr. Lacoursiere’s vehicle. It is
apparent from the agreed statement of facts that the collision caused Mr. Lacoursiere
to die instantly.

[3]
Ms. Sparks was taken to hospital. A blood sample was drawn. The
RCMP forensic toxicologist was of the opinion that the blood alcohol
concentration at the time of the collision was well in excess of legal bounds.

[4]
Crown counsel and counsel for Ms. Sparks jointly submit that a
two-year less a day jail sentence, attended by a seven-year driving ban and a three-year
term of probation, is the appropriate sentence in this case. The law requires
me to attach a good deal of weight to a sentencing submission put forward
jointly by experienced counsel. I have examined the proposed sentence to
determine whether it is within the range of sentences that have been held to be
fit. I have had particular regard to R. v. Smith, 2013 BCCA 173. I
am satisfied that the proposed sentence is within the broad sentencing range
for this offence.

[5]
In her majority reasons in R. v. Smith, Madam Justice
Bennett explained that:

The imposition of a fit sentence
accomplishes a number of things: it holds the offender responsible for his or
her actions; it demonstrates to society as a whole that this member of society
cannot commit crimes without facing consequences; it acknowledges the harm done
to the victim; it contributes to the protection of the public by either (a) rehabilitating
the offender or (b) through incapacitation; punishing the offender; and reminds
the offender that unlawful conduct has consequences.

[6]
I have paid close attention to the victim impact statements and have
read and re‑read Mr. Lacoursiere’s mother’s poem. The statements and
the poem are heartbreaking. Robert Lacoursiere was, to put it plainly, a fine
man. His family and friends miss him terribly. They mourn his loss each day.

[7]
Today’s sentencing of Ms. Sparks cannot restore life and does not
compensate for the losses so keenly felt. I understand that the sentence I
impose on Ms. Sparks will do little to ease the hurt and pain felt by
Mr. Lacoursiere’s family and friends. Their sorrow will continue.

[8]
Ms. Sparks is 59 years old. She has no criminal record. She has
worked as a log scaler for the last 28 years. Her jail sentence will put
an end to her employment —
her retirement papers were submitted earlier this month.

[9]
Ms. Sparks met and married her husband in 1979. They had two
children, one of whom has autism and schizophrenia. The marriage broke down in
2010. Ms. Sparks was depressed over her son’s mental health problems and
the end of her marriage. She increasingly turned to alcohol to try to cope. Instead
of lessening her pain, as is so often the case the alcohol made her problems
much worse and has harmed others in an everlasting way.

[10]
Ms. Sparks reports that she has, with one brief relapse, stopped
drinking since she caused Mr. Lacoursiere’s death. She is full of shame
about what she has done. She has had obsessive thoughts about ending her own
life. She has attended Alcoholics Anonymous for support. She understands that
she is an alcoholic. She has told others at AA that her drinking and driving
ended Mr. Lacoursiere’s life.

[11]
She has written an apology to the Lacoursiere family. In it, she says,
“If I could give my life, I would, to give Robert back to you”. All
that I have read in the letters of support and other material about
Ms. Sparks makes me believe that her remorse is genuine and deeply felt. The
letters of support describe a kind-hearted, compassionate woman who is tortured
by the knowledge of being criminally responsible for the death of another.

[12]
Before I impose sentence, I want to acknowledge, as did both counsel in
their fine and sensitive remarks this morning, that it is in the nature of
these sentencing proceedings that the focus is on the offender. It is important
that I know a great deal about the person that I am to sentence. But I want to
assure Mr. Lacoursiere’s family and friends that I have done all I can to
try and understand the depth of your grief, and as I have listened to the
submissions and read the materials about the character of Ms. Sparks, I
have not lost sight of Mr. Lacoursiere’s fine character, and I have not
forgotten your pain and loss.

[13]
Mr. McGarvey, you mentioned that a short break is in order?

[14]
MR. McGARVEY:  Very short.

[15]
THE COURT:  We will take a very short break.

(PROCEEDINGS ADJOURNED)
(PROCEEDINGS RECONVENED)

[16]
THE COURT:  Ms. Sparks, please stand.

[17]
Ma’am, I sentence you to prison for two years less one day, followed by
a three-year term of probation.

[18]
The terms of probation are that you keep the peace and be of good
behaviour, that you appear before the court when required to do so by the
court, that you notify the court or the 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.

[19]
You are to abstain from the consumption of alcohol. You are not to
occupy the driver’s side seat of any motor vehicle, and you are to attend,
participate in and successfully complete any assessment, counselling or program
as directed by your probation officer, which may include treatment for alcohol
or drug abuse.

[20]
You are prohibited from driving for seven years.

[21]
I order, as well, the taking of a sample of bodily substance from you
for forensic DNA analysis. The sample will be taken by the least intrusive
means that are practical.

[22]
Finally, you will pay a victim surcharge of $200, pursuant to
s. 737(2)(b)(ii) of the Criminal Code.

[23]
Is there anything else, counsel?

[24]
MR. MORGAN:  No, thank you, My Lord.

[25]
MR. McGARVEY:  No, My Lord.

[26]
THE COURT:  We are adjourned.

“Thompson
J.”