Smith sentenced to one day of jail, three years probation

Tracy Dawn Smith has been sentenced to one day in jail and three years probation for hitting and killing a motorcyclist on Canada Day 2011. - Kyle Wells/News staff
— image credit: Kyle Wells/News staff



"I have determined that the principle of denunciation must yield in this case to the principle of rehabilitation and reformation," Higinbotham said. "In light of the clear evidence that any significant prison sentence will, at minimum, render meaningless and useless all of the progress to date, no halfway measures are fit."


During pre-sentencing VisionQuest executive director Jim O'Rourke argued Smith would be better off staying at the centre, rather than spending time in prison where she would be far more likely to continue drug use. She would also not have access to the psychological counseling and treatment programs that O'Rourke said have been helping her significantly.




Mehanthiran's family listened to the sentence by teleconference from Ontario. Higinbotham acknowledged the suffering caused to the family by Smith's actions.

"In this case a loving husband and son needlessly lost his life, and those who survive him will carry the pain of their loss with them forever," Higinbotham said.

Smith's lawyer, Robert Jones, said he is pleased with the decision.

"What (Higinbotham) did, was show that in many cases rehabilitation can overcome denunciation," Jones said. "We can't avoid the tragedy of this unfortunate death, we know the family is suffering. However, I didn't want to see the death of another person, that being Tracy Smith herself."


"Now she's climbing out of that abyss, she's growing, she's developing," Jones said. "It's hope that she might lead a full and protected life for some time."


"I think it's incredibly light. I think that after a tragedy like this Ms. Smith should have to face a lot more serious consequences," Bjornholt said. "There's a lot of us out here that still feel in danger that people like her are out driving around."

Bjornholt added the failures in the system start much higher than the court. She questions how Smith had a driver's licence in the first place given her drug addiction and mental health.

