Statement from the Middelaer Family re: Release of Carol Berner

Almost seven years ago, when our daughter, Alexa, was struck and killed by an impaired driver on a May
afternoon, we asked people in our community to watch this case. Collectively, we have observed our
criminal justice system eek its way through lengthy processes and protocol, delivering sentences that
from a lay persons perceptive, appear to teeter on the realm of the ridiculous. Today, we see the
release of Carol Berner, the person responsible for careening through a rural neighbourhood at 91km an
hour, hitting 4 people and a horse. The sentence delivered for her reckless behaviour was 30 months, of
which she has served 18an unpleasant 18 months to be sure. Today is not about Carol Berneras a
family, we have come to a full understanding of Carolour hope is that she now chooses to contribute
to her community and family in a productive manner, hopefully surrounding herself with a peer group
that will help her grow in character and strength. Carol Berners behaviour was a by-product of a rather
lax environment supported by a weak voice of sentencing that has historically been whispered from our
court rooms. This hushed voice has allowed dangerous behaviour to perpetuate in our communities,
with people receiving a perceived slap on the wrist for criminal behaviour. The purpose of sentencing is
denunciation and deterrence. Today should be a day of reflection on a process implemented by highly
dedicated, intelligent people who, in their application of the law, should be striving for safer
communities. A proper reflection should include scrutiny on the effectiveness of sentencing emerging
from this system. That being said, we lend our voice to those families who are asking our courts to speak
with greater articulation, and not be held captive by previous case law and lax sentencing. The practice
of bench marking sentencing based on the past, has not had any direct effect on the fatalities in our
province. The step change of a sustained 50% reduction of impaired related fatalities we have seen in
our province is due to timely, predictable consequences delivered roadside, coupled with a shift in
attitude by our community. Those criminally charged with impaired driving including fatalities or bodily
harm still hear the silent and reluctant voice from the court room. As a province, as a community, as
familiessimply putwe deserve better. It is time for all stake holders in public safety to be aligned,
and we invite the courts to engage. Thank you to all our community for your support to our family and
to those other families that have experienced loss.