Whitehorse taxi driver who hit pedestrian, leaving her with permanent brain damage, sentenced to house arrest

A Whitehorse taxi driver who hit a pedestrian with his vehicle last year and left her with "catastrophic" brain damage has been given a two-month-long conditional sentence and six months of probation. 

Territorial Court Chief Judge John Phelps sentenced Abdella Jemallo on one count of driving at an unreasonable speed — a violation of the Yukon's Motor Vehicles Act — on Wednesday. 

Jemallo, 52, pleaded guilty last week. According to an agreed statement of facts, he was driving on Second Avenue the morning of Feb. 13, 2024, when he hit Virginie Bourque as she crossed the street in front of the Yukon Centre Mall, at a section with no crosswalk. 

Jemallo, who had a passenger in his taxi despite his vehicle-for-hire permit expiring the week before, was driving at between 67 km/h to 71 km/h when he hit Bourque. The impact threw her at least 35 metres, the statement says, and she suffered injuries including a fractured pelvis and spine as well as "a severe traumatic brain injury that caused permanent neurological damage." 

Jemallo's taxi rear-ended two vehicles at the traffic light at Ogilivie Street, coming to a stop 61 metres away from the crash site. 

The statement says an accident reconstructionist found that if Jemallo had been driving the 40 km/h speed limit, he would have been 86 metres away from the point of impact while Bourque was crossing. It also says Bourque crossed the street on an "angled" route, and had she crossed in a "perpendicular manner," she would have made it to the other side.

Bourque was medevaced to Vancouver and was in a coma for four months. In an emotional victim impact statement, her partner, Jessica Busque, told the court that doctors said she'd suffered "catastrophic" brain damage. 

While Bourque has regained consciousness, Busque said she can no longer speak, eat, or move on her own, and the ambitious, brilliant and beautiful 33-year-old who was a supportive, grounding presence for her friends and family will have to live in a care facility for the rest of her life. 

"It hurts to see her trapped in a body that doesn't work anymore," Busque said through tears. "It hurts to see her suffer, it hurts to see that her young adult years were taken away from her… It's been nothing but heartbreaking."

No sentence can 'end the pain,' judge acknowledges

Territorial Crown Amy Porteous recommended that the court give Jemallo a three-week sentence, with the option of serving it in the community, and 30 hours of community service. 

Defence lawyer Jennifer Budgell, meanwhile, requested that Jemallo get a $500 fine — the maximum allowed under the Motor Vehicles Act — and 60 days of probation.

Phelps, when giving his sentencing decision, noted the penalties he could impose were limited by the legislation. 

He noted a number of mitigating factors, including Jemallo's age, his clean criminal record, his guilty plea, and the fact that he only had one driving offence prior to the crash — failure to wear a seatbelt — and none since. He also acknowledged Jemallo was responsible for driving his three children to and from school and extracurriculars. 

However, Phelps also pointed out several aggravating factors, including that Jemallo was a professional driver with the added responsibility of ensuring the safety of his passengers, which should have translated to safer driving overall. As well, Jemallo was driving well above the speed limit and accelerated up until the collision, travelling 214 metres down Second Avenue before hitting Bourque. 

Acknowledging that no sentence could "end the pain," Phelps sentenced Jemallo to two months of house arrest followed by six months of probation. His conditions include remaining on his property and not driving except to go to and from work or with written permission from his supervisor. 

Jemallo must also complete 80 hours of community service at least 45 days before the end of his probation. 

He declined to speak to CBC News. 

Busque, Bourque's partner, said in an interview Wednesday afternoon that she thought Jemallo's sentence was fair and that she has "no anger towards him whatsoever." 

However, she said it was still difficult to accept what happened.

"I think it's unfair," Busque said. 

"I know it's a tragic accident and she was at the wrong place at the wrong time [but] when things like this happen, it makes you question a lot of things in life."

Busque, who along with Bourque had called the Yukon home, now splits her time between Whitehorse and Montreal, where Bourque is in a rehabilitation facility. Besides the emotional, physical and financial cost of the situation, Busque said she's also still grieving the person that Bourque was before the crash, and what their future together could have been. 

However, she added that she hoped that the situation would send a message to drivers about the responsibility they hold behind the wheel, noting that Second Avenue had already seen its "share of tragedy" and had a low speed limit for a reason. 

It was a sentiment she also shared in her victim impact statement. 

"I hold onto hope — hope that some kind of justice or meaningful impact can come from this," she said. 

"Because in exchange, we were robbed of the most beautiful human being."

Bourque's family has filed a lawsuit against Jemallo, Yellow Cabs and the City of Whitehorse. It has yet to be tested at trial.