A five-year ordeal that changed nothing

Amanda Proulx is in almost constant pain from a herniated disc in her neck.

From damage to her eyes.

And from a broken heart from missing her mother Anita.

Yesterday, Amanda learned that the man who caused that pain was sentenced to three-and-a-half years in federal penitentiary.

For her and her family, that was not nearly enough.

Lapensee got the sentence from Superior Court Justice Edward Koke for causing the death of Anita Proulx on January 3, 2006.

Justice Koke also sentenced Lapensee to another three-and-a-half years, to be served concurrently, for causing bodily harm to Amanda Proulx.

Crown Attorney Bill Johnson had asked that Lapensee spend least five years in a federal penitentiary.

During sentencing the judge talked about Lapensee's testimony that he had only had one to three beers before the 5:25 p.m. collision he caused on Second Line in front of the No Frills store just west of Korah Road.

"His evidence in this regard was not accepted," said Koke. "Accordingly, the court found that Mr. Lapensee was significantly impaired at the time of the accident, and that his impairment contributed to the accident."

Koke also referred to Lapensee's apparent lack of remorse and reluctance to accept responsibility for his actions, saying the sentence imposed should both act as a general deterrent to any member of the public considering drinking and driving, and specifically to Lapensee.

"The facts in this case call for a severe penalty. Mr. Lapensee’s actions resulted in the death of an innocent woman, who was much loved by her family and community," said Koke. "As we have seen, there are numerous aggravating factors for me to consider and few mitigating factors."

"Therefore, on the facts of this case, if I was to consider only the two drinking and driving charges, I would impose a sentence in the range of four to five years," he said.

At that point, members of Proulx family began to really believe the court would provide an effective deterrent to drinking and driving.

But their hope was painfully dashed just seconds later, when Koke announced the sentence would be three and a half years.

"I'm so angry I'm numb," said Amanda Proulx.

"Do we think it's enough? Definitely not," said Ken Proulx, Anita's husband and Amanda's father. "Will it deter him from doing it again? No, nothing will."

Both Ken Proulx and his son Kenny Proulx said they will be waiting and watching for an opportunity to address the parole board should Lapensee's chance at a hearing come up.

They said they will attend and give their statements at that time, any time and as many times as it takes to keep Lapensee behind bars as long as possible.

Lapensee received a 10-year prohibition on driving but neither the Proulx family and nor Justice Koke believe that will deter him from either driving or even driving drunk as soon as he's out of prison.

"I note that on November 25, 2005, the day of this accident, Mr. Lapensee should not have been driving at all. His licence was suspended at the time," said Koke. "A review of his driving and criminal record makes it clear that Mr. Lapensee has no regard whatsoever for the laws which govern the way people should drive on our roadways."

The judge said that, while the trend in Canadian law has been toward longer sentences for drinking and driving and he could impose a longer sentence, he must be cautious about such a decision.

On Lapensee's behalf, Defence Counsel Bruce Willson argued that Lapensee should be sentenced to the same amount of time as he was when he was originally found guilty of those charges in 2008 because, to give him a longer sentence would be to risk giving the impression that he was being punished for appealing his conviction and sentence.

He said Lapensee should even receive less than three-and-a-half years because he has already served a year for leaving the scene of the collision and falsely reporting his vehicle stolen, charges to which he pleaded guilty at his 2008 trial.

Superior Court Justice Gary Tranmer heard that trial initially in 2008 and today Koke said he found that Tranmer's reasons for the sentence he gave in 2008 were sound and well thought out.

Koke also said he believed that a sentence of five to six years for these two charges, added to the year Lapensee has already served, would total six to seven years, too severe a penalty.

In 2008, Justice Tranmer found Lapensee guilty of driving while impaired and causing the death of Anita Proulx, driving while impaired and causing bodily harm to Amanda Proulx. and driving with a blood alcohol level exceeding the legal limit.

Lapensee won leave to appeal both the verdict and the sentence in June 2008 and he was free on bail until yesterday.

The appeal court set aside the convictions in September 2009 and ordered a new trial, which commenced this spring.

Lapensee has served one year for failing to remain at the scene of the four-vehicle collision he caused during the one of the first snowy evenings of November 2005.

For Anita Proulx's family and friends, it has been a five-year ordeal that changed nothing and left no satisfaction.

Even discussing the fact that it's finally over, Ken Proulx was circumspect.

"I hope it's over," he said. "I only hope he doesn't appeal again and we can just get on with our lives."

Other than any future appearances before the parole board, Ken and Kenny Proulx fervently hope that they can be done with this part of the tragedy that took Anita from them and get on to the part of their lives where they build anew, treasure happy memories and stick together as a loving family.

For Amanda it won't be easy because she misses her mother's guidance and support as she raises her son.

But she too looks forward to days where the most difficult task she faces is finding the right words to tell her son how much his grandmother loved him and what a great person she was.

She looks forward to days when she doesn't need to steel herself for the tasks of testifying, giving interviews and answering deeply painful and personal questions from virtual strangers.

Maybe, there will even be a day when she's no longer afraid to get in a vehicle and can get a driver's license of her own.

Earlier SooToday.com coverage of this story

Anita Proulx, one year later Clayton Lapensee is guilty Lapensee sentenced for causing death of Anita Proulx Crown wants longer sentence for Lapensee