Judge reserves decision in fatal impaired driving case

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This article was published 28/03/2021 (1553 days ago), so information in it may no longer be current.

A 30-year-old man will learn next month how many years he will spend behind bars for causing a 2020 crash that killed an 81-year-old woman from La Broquerie.

Lawyers submitted sentencing recommendations for Michael Joseph Delorme in Steinbach provincial court last Thursday.

Delorme pleaded guilty last October to impaired driving causing death and impaired driving causing bodily harm in connection with a Feb. 16, 2020 head-on collision on Highway 52 just east of Steinbach.

Jeanne Balcaen was killed instantly in the crash. Her husband, Louis Balcaen, and Delorme were both hospitalized with serious injuries.

Crown prosecutor Theresa Cannon recommended an eight-year jail sentence and 10-year driving prohibition.

Defence lawyer Stephen Legault suggested a sentence in the four-year range and a “lengthy” driving ban.

The maximum penalty for impaired driving causing death is life imprisonment.

In arguments that spanned two hours, both lawyers picked apart case law marshalled by the other.

Cannon said Delorme’s case had several aggravating factors, among them a blood-alcohol reading one and a half times the legal limit, excessive speed, no driver’s licence, and a 2011 prior conviction for impaired driving.

Legault described his client as “a contributing member of society” with no history of addiction who made a horrible error in judgement. He listed Delorme’s remorse and guilty plea as mitigating factors in the case.

Judge Sidney Lerner reserved his decision until Apr. 16.

Cannon recited three victim impact statements written by members of the Balcaen family that touched on how the arrival of COVID-19 one month after the crash complicated the grieving process and lengthened court proceedings.

“I lost my spouse of 56 years in an instant. We were enjoying the best years of our lives, a reward for many years of hard work we put into farming and property development,” read a statement by Louis Balcaen, who was present in court.

Daughter Jo-Anne Balcaen, who listened to the hearing by phone, said in her statement that she is relocating to Winnipeg from Montreal to care for her widowed father.

A statement by Norman Lavack, brother to Jeanne Balcaen, expressed his sorrow and anger over the crash, which closed Highway 52 for more than eight hours on a Sunday evening.

Delorme’s westbound SUV entered the oncoming lane and accelerated to 150 km/h before slowing to 88 km/h three seconds before it collided with the Balcaens’ eastbound car.

Legault said Delorme was trying to light a cigarette while driving and entered the oncoming lane while searching for a dropped lighter.

Delorme departed the La Broquerie Hotel after consuming five drinks in three hours. He belonged to a darts league with a friend who normally drove him there and back. When the friend couldn’t make it, Delorme drove himself, even though he didn’t have a driver’s licence.

The crash left Delorme with a fractured neck and face lacerations. Louis Balcaen spent weeks in hospital with broken ribs and numerous other fractures.

A pre-sentence report that delved into Delorme’s background deemed him a low risk to reoffend.

The engaged father of three was adopted into an abusive home after five foster placements. He went on to complete high school and enter the workforce.

Since the crash, Legault said Delorme has been travelling back and forth to a construction job in Nunavut to earn money for his family before he enters custody.

Delorme spent much of Thursday’s hearing gazing downward in the witness box. He stood and delivered brief remarks when called upon by the judge.

“Please know that I am deeply sorry for my actions and I’m trying to teach myself to learn from this and be a better person, so hopefully one day when I do meet Mrs. Balcaen that she doesn’t have to be ashamed of me,” he said.

At the conclusion of the hearing, Balcaen rose from his seat in the gallery and shook Delorme’s hand before exiting the courtroom.