A heavy vehicle driver who failed to stop after running over a cyclist on Le Plateau-Mont-Royal in 2021 escapes jail time. Judge Pierre E. Labelle sentenced Brandon Marchand-Bibeau to nine months of house arrest.
Posted at 1:07 p.m.
“He is a well integrated young man. […] who has good stats, who has no risk of relapse, who is aware of the damage he has done. He poses no danger to society,” the judge at the Montreal courthouse concluded on Monday.
Brandon Marchand-Bibeau was found guilty last winter of committing a fatal hit-and-run accident on September 27, 2021 while fleeing the scene after a fatal collision with a cyclist. The crown asked for a prison sentence of nine months.
Since the passage of Bill C-5 in 2022, such a crime has had the option of a conditional sentence — also called community jail or home jail. This sweeping change to the penal code opened the door to conditional sentencing for all crimes, with very few exceptions. The Trudeau administration’s goal was to reduce the over-representation of Black and Indigenous people in prison.
Andre Rovere, a 31-year-old foreign student, was mowed down at the intersection of Parc Avenue and Mont-Royal Boulevard. A collision that gave the cyclist no chance. At the wheel of his imposing truck, Brandon Marchand-Bibeau then turned right onto Mont-Royal. According to the judge, the perpetrator could not see the victim due to the configuration of his vehicle. Furthermore, he is not accused of killing the cyclist.
PHOTO SUBMITTED FOR PROOF
The victim’s bicycle left on the street by the accused
Brandon Marchand-Bibeau then stops 300 meters away when he hears a sound from his brakes. He then spots a bike stuck under his truck and decides to dump it on the curb. He then continued his journey without calling for help. A decision that turned out to be criminal.
“The defendant did not end up with a garbage can or a branch under his truck, but with an object used by a human being. […] The mere presence of the bike required at least that he try to figure out the reason for his presence. Be it by turning back or by calling the police,” the judge concluded last January.
PHOTO SUBMITTED FOR PROOF
The truck driven by Brandon Marchand-Bibeau
According to the judge, Brandon Marchand-Bibeau has many mitigating factors, including a low risk of recidivism. The judge believes that his remorse is also “sincere”. Thus, the mitigating factors are “more important” than the aggravating factors, i.e. driving a large vehicle and committing the offense while on the job.
Since the perpetrator had been deprived of the steering wheel for almost two years, the judge did not impose a driving ban on him. However, according to the road traffic regulations, he is threatened with a four-year driving ban anyway.
Me Sylvie Dulude represented the director of criminal justice and prosecution, while Me Franco Montesano defended the accused.