‘You destroyed all of our dreams’: Victim of impaired driving collision provides emotional statement during sentencing

TRURO, N.S. — Emotions ran high at Truro Provincial Court last Friday as Richard Lavoie’s family awaited Lindsay Anne Parker’s sentencing.

Parker, 38, pleaded guilty to six counts of bodily harm after a drunk-driving incident saw the Buick LeSabre she was driving collided head-on with a Hyundai Kona near her home on Hwy. 2 in Lower Economy on July 24, 2022.

A blood analysis last December revealed Parker’s blood alcohol level was .148. The legal limit is .08.

Richard Lavoie, 55, was one of four passengers in the Hyundai Kona that Parker struck. He was airlifted to hospital after the accident with life-threatening injuries.

During the hearing, Crown prosecutor Thomas Kayter said Lavoie’s life had been permanently altered by the accident. A translated medical report, presented before the court, stated Lavoie had suffered “permanent cognitive and physical aftereffects” and a “serious behavioural disorder” due to damage sustained in the accident.

Also injured in the accident were Parker, her two sons, who were in the car with her at the time, and three other passengers in the Kona, including Lavoie’s wife, Martine Labelle.

Kayter described Lavoie’s condition as not having “any life other than still living,” noting he will more than likely be confined to a hospital for the rest of his life.

Labelle’s impact statement

Labelle, with her daughter by her side, took the witness stand to provide an emotional victim impact statement before the court.

“Richard and I met at 17 years old,” Labelle began. “We worked hard and built our lives together. We have two beautiful, brilliant children, and at 55, we were talking about retiring. We wanted to grow old together.”

She said, although quiet, her husband was a “loving man,” citing his support of her while she battled breast cancer and lymphoma.

“We were happy. We were lucky,” said Labelle. “You destroyed all of our dreams.”

The couple had been planning to renovate their cottage and had just purchased a boat before the accident – a dream of Lavoie’s.

“He had never driven this boat and never will. I was desperately waiting for Richard. I will put it on sale next spring.”

Living in Montreal, Labelle had wanted Lavoie and herself to take a trip to Nova Scotia. This was difficult for Labelle, who said dragging Lavoie away from his work was hard.

However, Lavoie came around, saying he wanted to eat at his favourite Halifax restaurant – Salty’s.

“I cherish the time when the guys were changing in the parking lot before the restaurant and after visiting Peggy’s Cove,” said Labelle through tears. “It was a joyful moment. We didn’t know it was our last moment together.”

Since the accident, Lavoie has been bounced back and forth between hospitals and long-term care centres. Violent impulses make it difficult for both his family and staff to care for him properly.

“I remember in September 2022, he wrote, ‘Not alive, not dead,'” recalled Labelle. “Well, that’s what he is. Caught between the two. Life and death.”

Labelle’s victim impact statement was later followed by a slideshow containing photos and videos of Lavoie before and after the accident.

One video showed him and his family comically singing Bonne Fête. Another showed Lavoie’s state after the accident, rolling around on his bed and yelling repeatedly.

Sentencing delayed

Kayter recommended a jail sentence of two years minus a day plus two years probation for the accident, citing the need to deter impaired driving and the extent of the damage done to not only Labelle’s family but to the other passengers involved in the accident.

David Green, Parker’s defence attorney, said Parker should be given a conditional sentencing of two years minus a day served within her community, followed by three years of probation. He noted since this is Parker’s first offence, she is unlikely to re-offend and is a fine candidate for rehabilitation. He argued this sentence would still act as a deterrent.

“She lives in a small community where everybody knows her,” said Green. “She has to look every other community member in the face and in the eye each and every day she encounters anyone, and they all know she drove left-of-centre and caused this accident. She has to live with that.”

Green later argued Lavoie was not wearing a seatbelt at the time of the accident, and that it could be constituted as contributing negligence, despite not having an authority on-hand to help prove the claim of Lavoie’s responsibility. Kayter rebutted by stating he has seen no such case where not wearing a seat belt constituted contributing negligence on the part of the victim.

Justice Del Atwood postponed the sentencing, giving Green time to find an authority to support his claim. Parker is now expected to be sentenced on Feb. 2.