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Piovesan case sets precedent in Ontario

In Corrine Houle’s opinion, Nicholas Piovesan deserves a much longer jail sentence than seven years for the drunk driving incident last year, which lead to the death of her 15-year-old daughter and two of her friends.
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Photos of Jazmine Houle, Caitlin Jelley and Steven Philippe adorned the stage at the Centennial Arena in Hanmer last year during a public memorial service for the teens. File photo

 In Corrine Houle’s opinion, Nicholas Piovesan deserves a much longer jail sentence than seven years for the drunk driving incident last year, which lead to the death of her 15-year-old daughter and two of her friends.

However, Houle said she’s satisfied Superior Court Justice David Nadeau gave Piovesan the highest sentence he could have under the criminal code for three counts of criminal negligence causing death during the sentencing last week.

“It’s not in the (judge’s) ability to pull a number out of a hat, and say ‘Here’s 20 years,’” she said.

“Then it’s just going to get appealed. The judge doesn’t want an appeal. I think he stuck with a number that (Piovesan) will not be able to appeal.”

The judgment was given by a very senior, respected criminal jurist who decided that it was time to deal with an awful set of facts in a very serious way.

Piovesan, 27, pleaded guilty to three counts of criminal negligence causing death in Sudbury court last week.

Nadeau handed Piovesan the longest-ever sentence in Ontario for criminal negligence causing death for a person with no previous criminal record.

He will also be banned from driving for 10 years after he is released from jail, and has been ordered to provide a sample of his DNA for the national offenders’ database.

On June 21, 2009, at around 12:40 a.m., Houle’s daughter, Jazmine Houle, and her friend, Caitlin Jelley, also 15, got off a bus on the side of Highway 69 North in Hanmer.

There they met up with Steven Philippe, 16, who had gone to the bus stop to escort the girls to a nearby residence.

Shortly afterward, Piovesan, who had been drinking at a Hanmer bar that evening, drove his car into the teens, who were walking along the side of the road, killing them. Piovesan did not stop until he crashed his vehicle into the side of a home.

According to information provided in the agreed statement of facts between Piovesan and the Crown, Piovesan’s blood alcohol level at the time of the incident was between 165 and 220 milligrams of alcohol in 100 millilitres of blood. It is an offence to drive with blood alcohol in excess of 80 milligrams in 100 millilitres of blood.

After running into and killing three teens on the side of Highway 69 North in Hanmer last year, Nicholas Piovesan crashed his vehicle into a home. Supplied photo.

After running into and killing three teens on the side of Highway 69 North in Hanmer last year, Nicholas Piovesan crashed his vehicle into a home. Supplied photo.

Assistant Crown attorney Len Walker said the case sets an important legal precedent.

“Because the facts are so unique in the outrageous conduct and level of impairment, this case is going to set the bar for the maximum you can get for criminal negligence causing death,” he said.

“Up until this case, the average sentence was four to five years (for criminal negligence causing death).”

Walker said criminal negligence causing death is the most serious driving offence in the Criminal Code.

“The fact of being impaired and the fact of being over 80 are facts that are included in the aggravation of the criminal negligence,” he said. “Those facts make it more criminally negligent, which is wanton and reckless disregard for the lives and safety of others.”

Criminal negligence causing death can also be found in other types of criminal cases, such as the neglect of children or medical errors ending in death, he said.

Walker said the public expected the court to deal with this case “harshly,” and that’s exactly what happened.

“The judgment was given by a very senior, respected criminal jurist who decided that it was time to deal with an awful set of facts in a very serious way,” he said. “He let people know ‘This is what you can expect if you do this.’”

Jazmine’s father, Ray Houle, said he is trying to set up a group to lobby the government for a mandatory 10-year sentence for those convicted in impaired driving cases which end in death.

Life has been difficult for the family since his daughter’s death, he said.

He said he remembers his daughter as a funny, friendly and loving girl who enjoyed playing volleyball.

“It’s still hell,” he said. “It’s still loss and gut-wrenching. You get up in the morning, and she’s not around. There’s no more laughter in the house. There’s no more joy. It’s a total change of lifestyle.”