Couple angry after court delays results in a conditional sentence for man responsible for their son's death

Christina and Troy Durocher are still struggling to come to terms with how the justice system handled the death of their son two and a half years ago.

Bailey Durocher, 24, was killed on June 17, 2022, after then-62-year-old Luciano Da Silva made a U-turn into Bailey's motorcycle on Highway 6 in Durham, killing him at the scene.

According to an agreed statement of facts, Da Silva failed a roadside test after police smelled alcohol on his breath. He was arrested and brought back to the Markdale OPP detachment, where breath samples revealed two truncated readings of 80 milligrams of alcohol in 100 ml of blood.

Da Silva was charged with operation while impaired, operation while impaired with a blood alcohol concentration over 80 mgs and two counts of operation causing death.

Court Delays

Over a year later, the Durocher's were notified that Da Silva's case could proceed to trial, but in March, everything changed.

"We were advised by the prosecutor that the defence had come to them with a deal, that he would plead guilty but wanted a two-year conditional sentence, to which we unequivocally were very adamant, no that is not acceptable," said Christina Durocher. "In that meeting, we were advised of the potential risk. We said, 'what risk,' because we had been told from the start that it was a very solid case."

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The risk was that Da Silva's charges were close to breaching the time limits for trials set in a 2016 Supreme Court decision.

The R. v. Jordan decision established that criminal cases that go beyond time limits of 18 months for provincial matters and 30 months for superior court matters, can be stayed for unreasonable delay.

While the Durocher's were adamant that they did not want the crown to accept a plea, Da Silva pleaded guilty earlier this summer to only one of his original charges, operation causing death.

He was granted house arrest as part of his two year less a day conditional sentence last month.

"My son had a right to live," an emotional Christina Durocher told CTV News. "The accused took that right away, yet he is entitled to every right."

Systemic Issues

Cases are being stayed across the country for various reasons, according to independent criminal defence lawyer, Ari Goldkind.

Goldkind said it's not uncommon for plea deals to be reached when charges are at risk of being stayed.

"This continues to be a very sore spot for the public when they continue to see cases thrown out," Goldkind said.

Stayed charges linked to backlogs through the courts, notably with a shortage of judges.

Goldkind says in larger cities like Toronto, lawyers and courts have taken it upon themselves to ensure trials are met within reasonable time limits. However, in smaller communities, the courts can still be heavily backlogged.

"For every judicial appointment that's not filled, you have court rooms that are not being used, cases that are not being heard," Goldkind added.

New Appointments

On Friday, the federal government announced the appointment of two new superior court justices in Ontario.

In a statement to CTV News from the Attorney General's office, the federal government said it has added 116 new superior court positions since 2016 and several new reforms to speed up the trial process.

“While these comprehensive reforms and investments are in strengthening and modernizing our criminal justice system, we are aware that there is more work to do, especially at the provincial level," it stated.

“Delays in the justice system have many causes. Judges cannot sit without adequate provincial courtroom facilities and support staff. Trials do not proceed if provincial prosecutors and defence lawyers are not available. Court resources and scheduling processes need to be modernized, using technology and all available tools. As prominent judges have observed, trials are taking longer than ever before, and lawyers need to do their part to streamline and prioritize how they use court time."