An Ontario judge has granted a Thunder Bay truck driver an absolute discharge in connection with a deadly 2021 highway crash, sparing him from deportation to India that would have followed a criminal conviction.
Ajitpal Singh, 33, admitted guilt to dangerous operation of a motor vehicle for his involvement in the December 2021 collision on Highway 102. However, the court determined that although Singh was following another truck too closely and collided with it, his actions were not the direct cause of the fatal crash.
The incident began when a red SUV slowed to make a left turn near Auto Road. A transport truck driven by Mohamed Ahmed failed to slow in time, forcing the SUV driver to take evasive action. Ahmed then braked suddenly, causing his tractor-trailer to jackknife into the opposite lane, where it struck an eastbound truck driven by Michael Pharand. Pharand died in the crash, while passenger Marie-Paule Landry suffered serious injuries.
Singh, who was driving behind Ahmed, crashed into the rear of Ahmed’s trailer, pushing it further into oncoming traffic. Investigators found no skid marks from Singh’s vehicle at the scene.
Although prosecutors sought a criminal conviction, a two-year driving prohibition, and a fine, the defence argued that a conviction would trigger Singh’s deportation despite the finding that he did not cause the fatal impact. Singh had lived in Canada since 2018, had no prior criminal history, completed more than 100 hours of community service, and reportedly left trucking due to trauma from the crash.
Justice Stephen J. Wojciechowski ruled that deportation would be an excessive consequence compared to the offence itself and noted that Ahmed’s driving behaviour ultimately caused the deadly collision. The judge also stated that an extended driving ban would still serve as a strong deterrent.
Singh received an absolute discharge, avoiding a criminal record. He was also prohibited from driving for eight years and ordered to pay $10,000 in restitution to the surviving passenger.