WARNING: Some of the details in this story are disturbing. Discretion is advised.
The woman who was behind the wheel in a West Vancouver crash that left two people dead has now been sentenced.
Hong Xu received the maximum fine of $2,000 and a five-year driving prohibition under the Motor Vehicle Act.
In August 2022 she mistook the gas pedal for the brake in her car, smashing through a fence and gate, killing two people and injuring seven others at a wedding party.
Annie Kong was one of the people who died at the scene.
“What should have been a celebration of life turned into a nightmare, leaving seven others injured and our family forever broken,” Annie’s son Nigel said outside court on Tuesday.
“Today, justice has come in the form of a $2,000 fine and a five-year driver’s licence suspension.”
Nigel said B.C.’s laws and ICBC’s no-fault system have reduced their mother’s and another woman’s death to a minor traffic accident.
“This isn’t just our story,” he said.
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“Tragic tragedies like this happen far too often, and every time families are left devastated by a system that offers no real justice and no real deterrence. This has to stop.”
Daughter Joanna Moy said the charges should reflect the outcome and take the outcome into consideration.
“A $2,000 fine to us is not a deterrent,” she said.
“Even a five-year driving ban is not a deterrent. She should have gotten at least a lifetime driver’s licence ban. She should never be allowed in a car on the streets of Vancouver.”
A hearing at North Vancouver Provincial Court on Monday heard nine victim impact statements.
Among those who spoke was the bride, who said the tragedy ultimately ended her marriage and her dreams.
Annie’s family says that because Xu was not criminally charged, they are not able to sue her for wrongful death under ICBC’s no-fault insurance system.
Xu’s lawyer, Ian Donaldson, told Global News that his client “is relieved that the proceeding is over, but she continues to weep over the consequences of her actions. She’s a genuine human who is very sad about all of this and the damage that was caused.”
Donaldson confirmed that Xu did have about 12 tickets on her record over the past 25 years but he called her driving record “moderate”, which he said the judge agreed with.
He said he understands the families of the victims are upset but a jail sentence would not be appropriate in this case.
“My position on all that would be we in Canada don’t jail people for inadvertent mistakes,” Donaldson said.
“We don’t do that unless there’s a criminal element of fault to it. And here there was no criminal fault. The police agree. The Crown agrees. I agree. We all agree.
“I’m sorry for their loss. It’s a terrible loss. But jailing Ms. Xu doesn’t help that loss.”
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