The boy, who was 16 years old at the time of the crash last May, cannot be identified under the Juvenile Justice Act. He pleaded guilty in December to two counts of dangerous driving that caused death and one of dangerous driving that caused bodily harm.
Judge David Rose handed down the sentence Monday in a stand-alone trial at the Supreme Court of Newmarket. After the year in open detention, the teen will face six months of community supervision, a six-year driving ban and a one-year probationary period.
In open detention sentences, a young person normally spends two-thirds of his or her term in a youth facility — with fewer restrictions and conditions than a detention center — and the last one-third in the supervised community.
The sentence is far from what Crown Prosecutor Sean Doyle had requested. At a sentencing hearing last month, Doyle suggested jail time, along with a 10-year driving ban.
The defense, meanwhile, has demanded a maximum of two years probation and a five-year driving ban, saying the teenager is devastated by the incident and is taking responsibility.
Speaking to reporters after the sentencing, the children’s parents said they did not know if any punishment “would be enough”.
“All we know is that this does not change anything for our family,” said Binta Patel, the children’s mother.
Ketan Chaudhari, left, and Binta Patel speak outside a Newmarket court after hearing the conviction of a teenage driver who hit and killed two of their children 11 months ago. (Martin Trainor / CBC)
Instead of seeking justice, Patel says she and her husband hope to “honor” their children by raising awareness about dangerous driving.
“We have realized that this is important – to share our story in the hope of creating a safer driving culture and ultimately saving lives.”
Teenager reached 102 km / h on a residential road
Patel said May 16 started as a beautiful, warm spring day that was full of “so much joy” for her and her family.
“We were comfortable, we felt safe and unexpected from the horror that was going to unfold before our eyes,” Patel said.
Anaya Chaudhari, 10, and Jax Chaudhari, 4, were playing on their way to Athabasca Drive, near Dufferin Street, and Teston Street in Vaughan around noon. He was with their 60-year-old neighbor, who was helping them build a bicycle.
According to an agreed statement of facts, the teenager was speeding in a black Mercedes, reaching 102 km / ha half a second before the vehicle hit the curb. It was then that the car was thrown into the air and hit the children and the neighbor.
Police said they were called to Athabasca Drive, near Dufferin Street and Teston Street, around noon on May 16, 2021. In their initial reports, police said the driver of a black 2017 Mercedes C Class went off the road and hit three people on a residential street. (Mark Bochsler / CBC)
The brothers were rushed to the hospital with life-threatening injuries along with the neighbor, who suffered minor injuries. Jax died later that day and Anaya died the next day.
Richmond Hill’s teenager was arrested at the scene. He attended a bail hearing in May and then came out on bail and lived in house arrest until his hearing in December, when he pleaded guilty to the charges.
“We are loaded with our sad minds”
Speaking in tears on Monday, Ketan Chaudhari, the children’s father, said he was repeating the events of that day over and over in his mind. He wonders what, if anything, could have changed the outcome of the tragedy.
“We are loaded with our sad minds that want answers to what went wrong,” Chaudhari said.
“I have to admit that we were completely helpless and vulnerable to the recklessness of a stranger.”
The couple both talked about going through their endless fear and sadness, struggling to be present for their surviving daughter – and each other.
“I never said goodbye,” Chaudhari said.
A mourner looks at the devastated earth and landslides as she leaves flowers at the site of two children killed in Vaughan, Ontario on May 18, 2021. (Frank Gunn / Canadian Press)
Like his wife, Chaudhari says he and his family are victims of a “much bigger problem”.
“If a 17-year-old is too immature to understand the consequences of his behaviors and actions and then protected by our judicial system, then why do we give him the privilege and responsibility to drive a vehicle?” he said.
Chaudhari had a message for all young drivers, urging them to understand that vehicles can be “deadly weapons” that must be handled with care.
“Do you understand how much it can go wrong in a matter of seconds?” he said.
The case was “provocative,” the judge said
In a written statement, Rose said the case was “provocative.”
What is clear, he said, is that the range of sentences for young people found guilty of dangerous driving that causes death is “quite wide”.
Rose said he easily concluded that jail time was not necessary, adding that the teenage driver had no previous history of suggesting that he would not comply with the orders given to him.
Judge David Rose said the case was “provocative”. (Pam Davies / CBC)
Hearing the victim’s statements during last month’s hearing, the teenage driver hung his head and wiped his eyes.
He spoke at the end of the day, saying that “he is deeply tormented every day and night by the pain, sorrow and misery” he caused.
He added that he will continue to hold his guilt for the rest of his life.