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A Superior Court judge described Emma Czornobaj’s testimony during the trial that saw her convicted of criminal negligence causing death this year as something that worked against her when it came time to determine her sentence. 
  
 Justice Éliane Perreault sentenced Czornobaj, 26, to a 90-day jail term that she can serve on weekends, beginning on Jan. 10. The prison term is to be followed by three years of probation and she is required to perform 240 hours of community service. Czornobaj is also prohibited from driving for 10 years. She was ordered to hand in her driver’s license after Perreault read out her sentence at the Montreal courthouse on Thursday. 
  
 Defence lawyer Marc Labelle said afterward that he does not find the prison term unreasonable, and probably won’t appeal it, but he does take issue with the driving prohibition. During sentence arguments, the Crown called for a five-year prohibition and Labelle said it was up to the automobile insurance bureau to determine such things. 
  
 Labelle said he will ask the Quebec Court of Appeal to order a delay in Czornobaj being required to begin serving the sentence until the higher court has heard an appeal of the jury’s verdict that found her guilty of two counts of criminal negligence causing death. 
  
 “Our position is that it was an accident and we need to go over again the legal criteria (for a criminal negligence conviction),” Labelle said. 
  
 On June 27, 2010, Czornobaj stopped her car in the left-hand lane of Highway 30, in Candiac, and got out to attempt to gather a small group of ducklings she had spotted on the highway. She left her car in the left-hand lane and the sight of her trying to gather the ducks (her plan was to put them in her car and drive them to her home) distracted drivers who looked toward her and then suddenly noticed her car when they turned their eyes back to the highway. André Roy, a 49-year-old man riding on his Harley-Davidson, was unable to stop in time and his motorcycle crashed into the back of the Honda Civic. His daughter Jessie, 16, was riding on the back of the motorcycle. The teenager was flung off the Harley, bounced off the back window of the Civic, and continued on in the air for several metres before her body struck a Jersey wall. At the same time, the impact of the crash pushed the Civic forward and it rolled over Jessie as she lay on the ground, causing more injuries. Roy died within minutes and his daughter died hours after being brought to the Montreal Children’s Hospital. 
  
 While it was later determined that Roy was probably speeding before he slammed on the brakes, Perreault said that was a small factor in her determination of the sentence. She said Roy probably would have slammed into the Civic even if he was driving the speed limit. 
  
 Perreault said Thursday that Czornobaj’s testimony during the trial showed she considers what happened to be an accident and that Roy should have been able to see her car in enough time to avoid it. 
  
 Perreault included quotes from Czornobaj’s testimony to underline the parts that revealed Czornobaj felt she did nothing wrong before the collision occurred. 
  
 “There was nobody around,” Czornobaj said during her trial. “There was no risk of somebody running into my car when I stopped. I didn’t see anybody else. I knew that it was, well, safe.” 
  
 Perreault noted that Czornobaj, who resided near Candiac at the time, was familiar with the highway and should have considered the risk she took. 
  
 “This is not a case of stopping a car on a quiet (tree-lined) road were the speed limit is 30 kilometres per hour and where there is little traffic, if any. Although she never intended to cause the death of André and Jessie Roy, the accused must take full responsibility for having, by criminal negligence, caused the deaths of those two people,” Perreault said. “Emma Czornobaj perceived the risk but recklessly undertook that risk nonetheless. She knowingly engaged in risk-taking that she should have foreseen would put other drivers’ lives in danger.” 
  
 “The denial of her responsibilities is an element to be considered with respect to her future dangerousness towards other drivers on roadways. The sentence must deter the accused from reoffending. Emma Czornobaj, by her actions, has demonstrated a blatant irresponsibility and a total unawareness of the risks associated with her decisions.” 
  
 Pauline Volikakis, who lost her husband and daughter in the collision, said she was satisfied with the sentence. 
  
 “My family and I are very happy that it concludes, that it ends the whole thing — that the trial has come to an end. (Justice) Perreault did what she had to do, I think. She (touched on) everything.” Volikakis said. “My family and I are very happy that the sentence is a significant sentence. 
  
 “It will maybe help us to go on with our lives with a positive attitude and not a negative attitude.” 
  
 pcherry@montrealgazette.com 
  
 twitter.com/pcherryreporter 
  
 Paul Cherry is the Montreal Gazette’s crime reporter. ||||| CLOSE Skip in Skip x Embed x Share A Canadian woman who stopped her car to help ducklings cross the highway in 2010 is jailed for the deaths of two motorcyclists who plowed into her vehicle. Gavino Garay reports. Video provided by Reuters Newslook 
  
 Emma Czornobaj is pictured at the Montreal Courthouse in Montreal on June 3. (Photo: Graham Hughes, AP) 
  
 The woman who stopped her car in the left lane of a Montreal area highway to herd ducklings to safety, which led to the death of a motorcyclist and his teen daughter, will not spend the rest of her life in prison, Canadian media outlets report. 
  
 Emma Czornobaj, 26, was sentenced Thursday to 90 days in jail, no driving for 10 years and 240 hours of community service. She will report to jail on Jan. 10, serving out her sentence on the weekends, the Montreal Gazette, CTV News and CBC News report. 
  
 Though the maximum sentences for the crimes for which Czornobaj has been convicted are life in prison, thousands of people signed petitions asking for leniency for Czornobaj. The family of motorcyclist Andre Roy, then 50, and Jessie Roy, 16, who rode on the back of the motorcycle, have said Czornobaj did not show remorse or apologize to them in a timely way when she had the opportunity. 
  
 Defense lawyer Marc Labelle did not respond to voice mail messages left with his office. Labelle has said that his client "was stupid" but did not act under any ill will. 
  
 On June 27, 2010, Czornobaj was driving westbound along Highway 30 in Candiac, Quebec, a suburb of Montreal, when she came upon seven ducklings in the road. She stopped her Honda Civic in the left lane of the highway to make sure the ducklings were OK. While she was stopped, Roy's motorcycle crashed into the rear of her car. 
  
 Czornobaj initially told police she had her hazard lights on, but witnesses testified in court that she did not, according to the National Post. 
  
 An expert with the Quebec national police, the Surete du Quebec, estimated that Roy was driving his motorcycle at about 65 miles-per-hour when he struck the back of Czornobaj's Honda Civic, according to the National Post. Andre Roy died immediately and Jessie Roy died later at a hospital. 
  
 The case has stirred emotions in Canada. Thousands of people have signed a petition on the website Change.org asking for leniency for Czornobaj, and a recent editorial declared that punishing Czornobaj would not bring back the father and daughter killed. 
  
 But the family of the victims have said Czornobaj has not shown compassion toward them. Though Czornobaj publicly apologized to the family in July, she never did in person when she had the chance, Volikakis said. 
  
 "She never once tried to contact me," Volikakis said, explaining she once ran into Czornobaj in a restroom during the trial. "She held a straight face and looked the other way," Volikakis said. 
  
 Czornobaj's mother, Mary Hogan, said during a hearing that the incident had changed her daughter. 
  
 "It was something she couldn't talk about or share with us at all," Hogan said. "She just couldn't accept that it had happened." 
  
 On June 20, almost four years to the day of the fatal accident, a Canadian jury found Czornobaj guilty of two counts of criminal negligence causing death, which carries a maximum life sentence, and dangerous operation of a motor vehicle leading to death, which carries a maximum sentence of 14 years. 
  
 The prosector, Annie Claude Chasse, asked that Czornobaj serve nine months in prison and 240 hours of community service. 
  
 Czornobaj's mother told the National Post that her daughter was on the dean's list and headed for a successful life when the accident happened. Now, no one will hire her. "It changed who she was at her very core," Hogan told the news organization. 
  
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Output:
A Canadian woman who stopped her car on a highway in 2010 to assist ducklings was sentenced to jail time today, some four years after a father and daughter crashed into her vehicle and died. Convicted of two counts of criminal negligence causing death and two counts of dangerous driving causing death, Emma Czornobaj, 26, faced a maximum life sentence—though the prosecution asked for far less. USA Today reported that it wanted 9 months; instead, Czornobaj was handed a 90-day sentence she can serve on weekends starting in January. She'll also need to complete 240 hours of community service, be on probation for 5 years, and is barred from driving for 10 years. The Montreal Gazette reports she was ordered to immediately hand over her driver's license. While Czornobaj is appealing her conviction, her lawyer said he likely won't appeal the prison term. "It seems to me it is a fit and reasonable sentence, although we will ask the Court of Appeal to look into the driving prohibition for 10 years," he said, per the National Post.