Crash victims remembered as “pillars” of Saskatoon’s Filipino community during semi driver’s sentencing

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Family members say their last memory of Vic and Edith Ibias is laughing with them at a wedding rehearsal dinner.

As the couple drove home around 10:45 p.m. on Oct. 7, 2022, an eastbound semi driver ran a red light on 22nd Street, T-boning their white Jeep Compass SUV as it passed through the intersection heading north on Diefenbaker Drive.

Their niece told a Saskatoon provincial courtroom that she saw the crash scene from afar as she left the family event, not knowing her aunt and uncle had been killed. 

Through victim impact statements, relatives described the couple’s legacy and contributions as pillars of Saskatoon’s tight-knit Filipino community.

Vic, 59, volunteered with the Knights of Columbus. His co-workers at RMD Engineering said he was a storyteller who brought warmth and openness to the workplace; his family said he was a jokester who loved to make people laugh.

Edith, 60, worked at Sunnyside Adventist Care Centre for 38 years. She was the decorator for family events with a passion for gardening, flowers and Christmas.

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They were childhood friends who came to Canada “with nothing but hope,” their son James told court. He said they didn’t let job losses or health issues derail their goal of giving him and his brother Javen a “good life.”

Amritpal Singh Virk, 29, said he also came to Canada from India for “a better future.”

“I never thought I would end up in this situation,” he told court during his sentencing hearing in February, adding he thinks about the crash every night before he falls asleep.

Virk, who had been out of custody since he was charged in June 2023, asked to be remanded ahead of Friday’s sentencing decision. He’d previously pleaded guilty to two counts of dangerous driving causing death.

Appearing by video, he wiped away tears with the sleeves of his jail sweatshirt as Judge Lua Gibb read through her decision in a courtroom filled with Ibias’s relatives.

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On Friday, Virk received a 20-month conditional sentence — jail served in the community — followed by a two-year probation order. He is required to live in Saskatchewan under 24-hour house arrest and complete 200 hours of community service. He is also banned from driving for five years after his sentence, and will be subject to deportation.

One of the victims’ supporters walked out of the courtroom after the decision was read.

Defence lawyer Brian Pfefferle asked for either a six-month jail sentence that would allow Virk to stay in Canada, or a conditional sentence of two years less a day.

The Crown argued for a prison sentence of three and a half years, noting that professional drivers should be held to a higher standard, and no Saskatchewan case law supports a conditional sentence for dangerous driving causing death, which carries a maximum sentence of life in prison.

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Gibb said conditional sentences are now an available option, noting Virk has no prior criminal record, he wasn’t impaired or distracted, and is traumatized by his “split-second decision” to continue through the intersection without braking.

According to an agreed statement of facts, Virk told police that he didn’t think he had enough time to stop his fully-loaded Super-B truck as the traffic light turned from yellow to red.

Another semi driver said he was driving around 55 km/hr when he saw Virk in the lane beside him, going approximately 75 km/hr. He said he had ample time to stop as Virk sped through the light.

The facts state that the traffic light on Diefenbaker Drive had turned green before Virk entered the intersection, driving 67 km/hr in a 60 km speed zone at the time of impact.

Virk said he wishes he hadn’t “pushed the limits” that night, believing fatigue affected his decision-making.

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Court heard he had five years of experience and was described as a good driver and valued employee.

However, his load was overweight by 1,600 kilograms, the left driver axle brake wasn’t working, and seven brakes on his two trailers were out of adjustment, a mechanical inspection revealed.

A collision reconstructionist determined the crash was avoidable if all the brakes were working.

Virk also had previous infractions for driving over the maximum allowed weight, failing to take breaks when required and entering inaccurate information as recently as the day of the crash.

This showed “intentional risk-taking and carelessness,” Crown prosecutor Tamara Denluck said.

Pfefferle told court his client thought the brakes were working because the instrumental tests passed, but admits he didn’t perform a physical check.

“Mr. Virk remains acutely aware of the gravity of what has occurred and the lasting impact on the families involved. Though the court’s sentence is finite, Mr. Virk’s sense of remorse and responsibility is not. He will serve a sentence of guilt for the rest of his life,” Pfefferle said after sentencing.

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The victims’ niece told court: “I’m deeply afraid that tragedies like this will be normalized” because semi drivers aren’t being adequately trained.

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