Judge hands Jack Tobin prison sentence, driving ban

For Emma Roberts, three years in jail then seven years off the road for Jack Tobin isn't enough time to make up for the loss of her boyfriend Alex Zolpis.

CTV News Channel: Andrew Murie, MADD

The CEO of MADD Canada says he thinks the judge erred in the length of the sentence, as Jack Tobin was treated as a young, first-time offender with no previous record of drinking and driving or criminal activity, which was not consistent with his record.

CTV News Channel: Tobin's lawyer and father react

The lawyer for Jack Tobin says his client wanted to do the right thing. He says it's a very sad day for all concerned. Tobin's father goes on to say Jack will make a contribution at the appropriate time to honour his friend Alex.

Canada AM: Melissa Lamb on the sentencing

A CTV Ottawa correspondent says the fact that Tobin pleaded guilty will play a role in the sentence that he receives. She says Tobin has been remorseful, but the tension between the two families is still at a high.

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Jack Tobin arrives at an Ottawa court on Wednesday, Aug. 31, 2011. (Fred Chartrand / THE CANADIAN PRESS)

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CTVNews.ca Staff

Date: Wed. Aug. 31 2011 9:08 PM ET

An Ottawa judge handed down a driving ban and a prison sentence for the son of a former Newfoundland premier whose impaired driving cost a close friend his life.

On Wednesday, Judge Lise Maisonneuve sentenced Jack Tobin to serve three years in prison and barred him from driving for seven years.

Tobin was behind the wheel of a pickup truck and performing stunts in an Ottawa parking garage last Christmas Eve when his friend, Alex Zolpis, became pinned under the vehicle.

The 24-year-old died and Tobin later pleaded guilty to impaired driving causing death.

When reading out Tobin's sentence on Wednesday, Maisonneuve said she had weighed his remorse over what happened against an apparent long history of reckless driving.

CTV's Roger Smith reported that Maisonneuve said Wednesday that she found it difficult to come up with an appropriate sentence.

"She said there was no sentence at all that could mitigate the loss of Alex Zolpis," Smith told CTV News Channel from outside the Ottawa courthouse.

Zolpis' surviving parents, sister and girlfriend attended Tobin's sentencing, which took about an hour for the judge to complete.

Emma Roberts, the victim's girlfriend, said she would "never be satisfied" with the sentence the justice system handed down.

"Alex is gone. He was killed by a drunk driver who drove extremely recklessly and we're left to pick up the pieces," Roberts told reporters outside court.

Tobin's lawyer, Norm Boxall, said it was a sad day.

"This really exceptional young man that wanted to do the right thing for everyone in the circumstances, and has pled guilty, and the judge's comments about his promise, I think are there," Boxall said.

"That having been said, it's a very sad day for all concerned. It's a sad day to see a young man go to jail and it's a sad day to reflect on the loss for Alex's family."

Former Newfoundland premier Brian Tobin told reporters that his son had made "a serious mistake" that led to the death of a friend.

With files from The Canadian Press

Comments are now closed for this story

B.J.
said

To Nicole sorry for your loss, but you are also very brave acknowledging that your son was part of the problem that claimed his life. In the Tobin case this is exactly the same, Zoltis was also very drunk, unable to try to stop his friend. A tragedy for all, but like you there is no point in being angry at the survivor. He will be out in time but he will also suffer mentally from this. I do hope he learns from this as his behaviour was certainly out of control, I hope his parents can also reflect and see why they didnt act quicker when he had previously been involvedwith the law. No matter how much time one does for this type of crime, it will never be enough. Sometimes jail isnt the answer, as a young person like tobin he would probably be best served doing community service, make him work especially going to schools and talking to the teens about drinking and driving. He's not going to serve his time anyway.

Terrance
said

This young man must live the rest of his life knowing he is responsible for taking a life-the life of his best friend. I disagree with many of you on how much weight Jack Tobin�s previous driving record should hold. Our society does not say don�t drink and drive- it says stop driving after drinking to a certain point- a grey area which is left for the individual to establish. It is easy to sit there and claim that a 3 year sentence is not long enough but after having read Mr. Tobin�s statement to the Zolpis Family and the court; as well as his psychiatrists letter which confirms that he has been experiencing a distraught psychological state, it is excruciatingly apparent that the remorse which Jack Tobin feels is genuine. The evening of Alex�s death, it was the shared responsibility of all people involved to have realized that neither Jack nor any member of that party were fit to be operating a vehicle or in any condition to encourage such foolish games. Alex Zolpis was the victim, their game cost Alex his life. There is no number or amount of time that is going to ease that pain or bring him back.

Lastly, shame on all who assume this a humiliation for the Tobin family! Jack accepted responsibility immediately- Sole responsibility. His family should be and are likely proud of his vast attempt to put his friend first and the courage he has executed during this trial. I severely doubt that Jack feels in any way lucky about the term of his sentence- it still can�t bring Alex back. This certainly is not easy for either family but seems that they both struggle with a common defeat; they cant change the outcome of that evening.

Marc
said

3 years for killing someone? Is our justice system a joke or what?

maureen
said

I have made my coment but I have to agree with what Nicole said she is absolutely right & I think some of these people need to have a rude awakening how many of us have been partying the same way but never got caught HUM Just thinks about it You are a wise girl Nicole.Your thoughts are right on. thanks .

maureen
said

I think this young man will learn some thing of this, after all we have to see that this was his best friend he has to remember him and I am sure he will there is a lot of people who did worse than this & what did they get a lot less than this young man Jack Tobin This will be on his conscience for years to come he will never forget.I understand the other young man will never retun but what if the tables were turned did the girlfriend think of it that way it could be her boyfriend instead of this young man.it is something to think about after all it was his best friend,don't we think he feels terrible enough he is not going to get over it either. Remember that,,,,

back and to the left
said

I remember a post a while back when the "mature" conservative sniper wrote that they felt it was okay to have one, two or even three drinks and then drive. Wrong. The recommendation I have read and heard the most is... don't drink and drive.

Sandie
said

Unfortunately, this won't send any kind of message to anyone who likes to drink. I was there when a neighbour's daughter was burned alive as a result of a drunk driver. Since then, every single week in the paper, there are impaired drivers being charged and this is a small town. So, it doesn't matter how much jail time they get, or how much suspension, the drinking and driving will not stop. They have to come up with something else......

TC
said

The sentencing is a mockery to justice. Most sadly, it does not send a strong message to offenders and would-be offenders. Shame on Judge Lise Maisonneuve ... you call this justice!

Rick
said

I have thought that so often when there is more than one drunk in a vehicle, why is only one charged when there is an accident. Maybe as adults we need to be responsible for ourselves more, if you ride with a drunk driver you might end up dead.

Heather
said

Although I abhor drunk drivers and their co horts, Jack Tobin has to live the rest of his life knowing his stupid decision killed his best friend. I feel sorry for him...However, Darcy West killed Diane Trottier, a wheelchair bound CBC employee, left the scene of the accident, tried to hide all evidence of this horrible accident, and she only got 2 years. Now something is definitely not right with this picture.

Michael
said

What's that sentence?...a joke?

I'm sure it wouldn't have been that easy if the name was anything but, Tobin.

My son and a group of his friends lost someone dear to them earlier this year (Anthony McColl) at the hands of a drunk driver. They're still reeling from the effect that had on their lives...and never will be the same.

There's something wrong with the justice system...

Simple Simon
said

That sentence is too harsh and likely unconstitutional. Had the circumstances been that Tobin had killed an innocent bystander, then I could agree with the lengthy prison term. In this case, the deceased was an equal and willing participant in his own demise. We have murderers in Ontario, people who used an illegally possessed handgun with the intent to kill, walking after time served. If I were Tobin's lawyer, the appeal on constitutional grounds would be launched yesterday.

J.S.
said

A young man has lost his life and another young man faces years in prison and having to live with the knowledge that he destroyed the life of his friend and the lives of this young man's family. The Tobin family are also suffering deeply over this. The difference is that one son will one day be able to come home and the other cannot. A number of years ago my husband was a victim of a drunk driver. The man in question had numerous drunk driving convictions. He also had a warrant out for his arrest as he had skipped Alberta to go to B.C. to avoid a further conviction. My poor husband was so very badly hurt. It took years to put our little family back together. Two years of several surgeries were to follow. The drunk driver got off, as the night of the accident they took a blood test for alcohol without his permission. At the time that was illegal. I often wonder about this drunk driver and how many other families lives he has destroyed? My husband survived. This drunk driver's blood alcohol reading was four times the legal limit! There are so many victims of these drunk drivers as it is a ripple effect. God bless all the families that are suffering at the hands of alcoholics who feel they have a right to get behind the wheel of a car and let others suffer the consequences. Regarding the young Mr. Tobin, I didn't realize that he had a history of drinking and driving. That he would take that night back if he could certainly rings rather hollow.

Gloria Nova Scotia
said

Some of you need to look at what a typical sentence is for this offense. I have seen far too many habitual offenders walk away - only to be involved in another alcohol-related motor vehicle accident a month later (with no driver's license). So, this sentence does appear to be making an example of a a politician's son. .... the courts would be raked over the coals whatever the decision - damned if you do; damned if you don't.

Tracy
said

Situations like this are always a hard call. You can't unring the bell and bring the victim back, regardless of sentencing, so the question then becomes, what serves as a stonger deterrant for a non-dangerous person convicted of a crime. I personally think (and this is only opinion) that society would be better served by having Tobin sentenced not to a jail term, but a mandatory community service, lecturing teens in a very real and meaningful way, on his own story, in the hopes that it would have a greater preventative effect on potential future drivers, rather than languishing in a maximum security setting. As response to his "priors", I think driving laws should be more stringent with young drivers who a) are caught driving under the influence or b) dangerously driving so that there are real consequences for young people to face well before anyone has to get killed.

Dennis L. Krahn
said

I doubt that prison will teach this young man anything; our justice system to date obviously has not. My punishment of preference would not have involved any prison time; the first part would have been a lifetime ban on driving priveleges. This young man would learn as many others need to learn that having a drivers license is not a right; it is a privelege.

louis
said

To Dave: he won't get time off for timed served he did not serve any time he was out on bail. You people have to realize that "everyone" was is to blame for that night. "No one" should have entered into that truck. I would never get into a car with some one who was drunk. They are both to blame. Yes he killed someone and received 3 years, Not enough and will be out in less than two years. Considering he pled guilty and "They" were all to blame I think it's fair. I agree that drinking and driving kills innocent people and the laws should have a minimum of 15 years. But they were all partying that night. Not just an innocent person on the road got killed. I am not saying anyone should have been hurt or died but this case is different.

Chris, Alberta
said

It's a fair sentence and I think he has finally learned his lesson, or I hope so. But what isn't fair for Tobin is the media attention and lasting Internet record that will disadvantage his future far in excess of most any other person who is guilty of a similar crime. I have no sympathy whatsoever for drunk drivers but I don't think his future should be destroyed by the media hype because of who his father was. Once he has served his punishment it's fair to allow him the chance to turn his life around and make some amends for his mistakes. None of us are immune from life's lessons in one way or another but most of us are largely unnoticed.

10-78
said

Jack had bad luck when he CHOSE to be the driver. You can't charge passengers with impaired driving. They all made dumb choices, some more then others.

Dwight
said

Everyone is calling this an "ACCIDENT".An accident is something that was unavoidable, where this was.It could have easily been avoided had they not all been drunk & decided to drive.Drunk Driving causing a "DEATH" yes, an "ACCIDENT, no.

Dwight
said

@ Mine own opinion:It makes no difference whom Tobins dad was, or if Tobin had any thoughts of going into politics or not.The bottom line is that due to his actions, a life was taken.I respect your opinion, but in this case do not agree with it.

My own opinion
said

OK people... I digress. If you make a stupid decision, and in so doing you kill or disable someone you "know" (like a best friend, relative, teacher, boss... whatever), then the law shouldn't apply. I get it. In fact, the laws around alcohol and driving should only apply to those who kill or injure persons "unknown" to them. And, if say, someone is driving drunk and their car is full of friends, and everyone dies but the driver, then everyone should share the responsibility because they got in the car in the first place. Wow... this makes complete Conservative sense to me! really it does!

Dwight
said

They are all responsible for the death, it's just that Tobin happened to be the driver.Had even one of the guys manned up & said that nobody was going anywhere due to all of them being drunk, no live would have been lost.Three years is not nearly enough of a sentence in any case where a death is caused by a drunk driver.Ten years minimum, never having the right to ever drive again.

J. D.
said

Right on Laurie. All seven friends had a part in this. I am dissappointed that this fact was not made in the courts as there are many future "party goers" that need to get that message.

Jo
said

There seems to be alot of "there but for the grace of god" rationalization going on. Kids yes. Stupid mistake yes. That's why its called a tragedy. Could have happened to anyone, uh NO. I have never driven or rode with anyone after even 1 drink. Until there is ZERO empathy and tolerance of impaired driving tragedies will continue.

Bubba: How can they use the Highway Traffic Act?
said

You know, one thing that I didn't talk about earlier is how can the police charge someone under The Highway Traffic Act, when they aren't driving on a road?

The Highway Traffic Act has jurisdiction on the road. The criminal code governs everywhere.

This seems a pretty fundamental rule.

Can anyone shed any light on this...no guessing please?

nicole
said

Hey listen

each and everyone who has taken a drink or more and driven

did you really think something bad was going to happen ???

I don't think so

This guy - like so many others - was at a party and they were all together for the "joy" ride
no one wanted to kill another one

Please let bygones be bygones

I HAD THE SAME THING HAPPENED TO MY SON """"who did not survive"""
I was really mad at first but then realized he was part of the party like all his friends

Rose
said

Knowingly getting into a vehicle with someone who is drunk and being killed as an innocent bystander are two completely different things. A punishment is still required but obviously the second situation calls for a stiffer sentence. Mr. Tobin will relive that moment everyday for the rest of his life and in my opinion, that is far worse than any prison sentence.

Pat
said

I feel the sentence is fitting. We must remember that the victim was also involved in this tragedy. He also was so drunk, and unfortunately paid the price. Jack's previous involvement with the law obviously didnt teach him a lesson, and as previously mentioned he will carry this with him forever. He has a lot of time to reflect on this tragedy. His parents should have been more involved from the get go, when he was much younger and getting into trouble. But rich kids think they own the world, I hope if he has younger siblings that they too will learn from this.

Dave
said

I agree with Laurie, 7 drunks that got into the truck drove to the roof with the intention of doing donuts. 1 died, 1 going to jail and 5 free.

Aline
said

Jack and Alex were great friends, and apparently did a lot of things together, including drinking. It is unfortunate that their mistake (and I do say THEIR) mistake), cost Alex his life. I think a jail sentence was really unavoidable because of who Jack is, but I believe there is no greater punishment than having to live with the knowledge that his actions killed his best friend. I understand the grief Alex' family and girlfriend are feeling, but it is unfair that they fail to see that Alex was also at fault. He did not deserve to die, but he chose to put himself in such a situation, so in that regard he was not an innocent bystander.

Doug
said

I think this was a fair sentence but others should have been charged as well. There are only losers to this story but the reality is the victim was equally responsible for his own death. There were 7 drunken friends partying together that night and as a group they were all joying riding drunk. The only difference was Jack was driving at the time when Alex was killed. Alex and the others were all willing participants in this stupid stunt. Alex paid with his life, Jack will go to jail and rest get nothing but hopefully some weight on their conscience.

scott
said

You mean to tell me that all I have to do to get away with killing someone is to apolagise and show remorse. Wow, I had no idea it was that easy. Now I know why no one has any respect nor fear of the law in this country. another clasic example of how someone has to die in order to remove a killer driver from behind the wheel. This is the reason why people drink and drive, absolutely no consequences for your actions. Screw the victim, protect the criminal at all costs. What a country

Mine own opinion
said

The fact is, Tobin's father Brian was not just the Premier of Newfoundland, he was also a highly respected Cabinet Minister under Jean Chretien! The judge should have taken that into account for this much too severe sentencing, perhaps young Tobin had political aspirations and now this sentence is going to make that much more dificult!

laurie
said

For all you rising up in your righteous indignation why not stop and think about his firend's part in all of this. They were out drinking together........both were probably equally as drunk as the other...........all passengers in the truck got in the truck freely knowing the driver was very drunk.......doing the donuts in the truck was likely a source of amusement to all of them. Should Mr Tobin have known better? Of course......should the others be held accountable for their part in this whole affair? YES.....something most of the saints writing in here seem to be ignoring.

Doug ^^^ BC
said

I would be more sympathetic to Jack if this had been his first scrape with the law.But his "long history of reckless driving" makes me angry on two fronts.The first and most obvious being his failure to take heed the first time he was cited or warned.All to often a person convicted of killing a person while DUI is not in court for the first time. I wonder why both the accussed,and the legat system waits until somone dies before they take these people off the road.By the time a person is in trouble for the 3'rd.4th,or even 5th time,the only remedy left is jail.But even that is still to late for his latest victim. And NO.He did not "murder" his friend.His friend died in an accident that occured while BOTH of them were almost certainly equally guilty of acting up foolishly.Jack Tobin has to wear this.He was driving the vehilce.But I doubt the victim was blameless.Had he not been run over,he'd likely be telling all his friends what a great time they had that night. Rage and vitriole will not solve the DUI problem in this country,or any other country.Sentencing someone to "life" when someone dies won't do it either.Getting bad drivers off the road when they are just beginning to act irresponsibly might help a little.Or a lot. Losing your drivers license for a while has a way of impressing on young drivers as to just how inconvenient life can be when you can't drive.Most will learn from that,and BEFORE they kill someone.But still,I concede,there will be those who do not. To late or not,let's just hope Jack Tobin has learned from this.And that those of us watching this unfold also take a lesson from this tragic accident.

Anne
said

I feel the sentence is fair, although he was ultimately responsible, he was not the only one involved in this, it is important to rememeber that this young man who was killed played a part in his own death, he could have chosen to walk away before the Tobin started driving eratically.

hemusbull
said

Da vid writes: "I do believe him to be genuinely remorseful, however....." Excuse me, I do not - there are no prove and that way is the justice system - to give him what he deserves. What he receives is absolutely ridiculous and I am ashamed from our justice system!.

hemusbull
said

Very light sentence!First of all it is a poor message as a moral responsibility of powerful and rich people in this society. And second, from simple human point of view, this is too short jail term for a drunk driver who kill someone. Shame, knowing he gona be in ridiculously gentle canadian prison. In this particularly case, I am ashamed of my country's justice system!

Ben
said

OK he got three years. Is that long enough, maybe not.

But for every day of his life which already started the second he realised what he did, someone or something will remind him of the night...That is punishment enough.

He's not totally a free man.

max
said

To AC in NB
I disagree with your option.

Accidents are unpredictable and could be prevented. This, however, is not an accident. Mr. Jack Tobin made the decision to get behind the wheels after consuming alcohol. It could be looked at a 2nd degree murder.

Mark - Calgary
said

Michael said "I don't think he should have to do time. One life is destroy'd do we need to destroy another?"Ever heard of the word 'deterrent'? If everyone had your attitude of 'There, there' and give a pat on the head, the criminals would always be out on the street. Tobin had a history of driving offences and didn't learn anything until he killed someone. In Canada, life is not worth anything according to the justice system and the bleeding hearts out there. Instead the criminal gets the sympathy while the victim's family are left to mourn and pick up the pieces. Pathetic!

steve
said

I love you people on here that are treating this guy like he is the worst person of all, he made a mistake some one got killed, so lets send him to jail for three years and take his license from him for seven years but give the greyhound beheader free supervised walks around his mental facility or give free walks for the guy that killed his children claiming he was crazy. No you all are right to hang this guy because you all have never made a mistake. Can't believe you guys

Mike Beard
said

This waster killed someone and this is all he gets!!!! What a joke. What this tells people is go ahead, drink your brains out and drive and don't worry if you kill someone. Three years with time off for good behavior. You might do two.

I wonder if the sentence would have been stiffer if he killed the judges kid.

Diane
said

Those who disingenuously say that Jack Tobin "murdered" his friend are all wrong. He accidentally killed his friend while acting in a foolish manner behind the wheel of a pick up. The difference is enormous. They were all drunk but one two paid for their foolish actions, one with his life the other with a criminal record which he deserves. No matter what the penalty it wouldn't satisfy some people. Tobin should do the full 3 years and NOT be let out early. In that time he can read or take some courses in adult maturity.

David in Dartmouth
said

Being a retired officer, and having been involved with death cases over the years I worked, in these situations, most courts have had to grapple with avoiding to appear as placing a price on the loss of a human life.....Jack Tobin nearly lost his life down here a few years ago when he was stabbed along with 2 others while he worked as a security guard... As regard to the loss of his closest friend... he will carry that burden for the rest of his life... I do believe him to be genuinely remorseful, however..... as a society, there is a need to provide General Deterrance to those like minded individuals... As regards to the prominence of his family, that is always difficult to avoid being too heavy handed because of his family and too light handed by not giving him enough... For those whom would be crtical of the outcome of this tragedy... let he who is without sin cast the first stone.... and walk a mile in the Judge's shoes.. To my mind, justice has been served... let us learn from it and hopefully more families will be spared the sorrow and grief experienced by both families.

Michael
said

I don't think he should have to do time. One life is destroy'd do we need to destroy another? I think there are more productive ways to punish, deter, and serve justice. Jail, in my opinion, should only be if we really need to remove a problem from society... even then I think white walls should be used over bars... With that said I think there's another issue with drinking and driving we tend to overlook. The courts are banning him from driving. Why the hell didn't they ban him from drinking after the first offence? The problem isn't really the driving, but the poor decisions around drinking!

B. Friesen
said

After 11 tickets, two suspensions and a history of reckless driving, it's obvious that this spoiled-rotten, selfish & stupid brat's problems were paid off far too many times, thanks to his enabling "mommy and daddy". In my opinion, the sentence should have been a whole lot more severe; 15 year prison sentence & a LIFETIME BAN on driving! Parents whom throw money at thier children's problems are doing nothing but helping create dangerous and deadly criminals! They should be locked up in prison too! Idiots! The lot of them!

Sam
said

Emma Roberts and the Zolpis family are more than entitled to their grief, but let�s not forget Alex was not an innocent bystander � he was an active, willing participant in the debauchery. The accounts of how he fell from the car are unknown. But there is clearly (from the judge�s ruling) a potential that he decided to jump. The court record shows he was so intoxicated that he couldn�t sit up straight. Other members of the car asked Tobin to stop, and he did. Alex never made a similar request. He did not value his own life enough (or he was too drunk enough to put together a coherent thought). The Zolpis family has an opportunity to ensure their son�s death is not in vain but sadly it seems they are too driven by dollar signs and what they can selfishly gain by slamming another individual and his family without any acknowledgment that their son too made a mistake that tragic night.

Rick
said

Very light sentence. but he should never be allowed to drive again! never

Wolf
said

In Canada it is common to serve only half of a sentence (plus one day) prior to being granted parole. Effectively the defence got the minimum prison sentence they wanted (eighteen to thirty months) for their client. It is possible that Jack Tobin may serve only one-third of the sentence (one year) prior to being granted parole.

Effectively the sentence is: twelve to eighteen months in prison and (with one year spent in prison, and the penalties being applied concurrently) a six year or less ban on operating a motor vehicle.

Considering the history of the twenty four year old driver, I would agree that it would be 'difficult to decide' upon awarding such a light sentence. With two prior suspensions already in an eight year period, I also find it difficult to justify less than a ten year driving ban.

Prof. Pye Chartt
said

@ My Own Opinion: Did somebody offend and anger you (again) by daring to post an opinion that differs from yours? Rather than submit a comment that merely constitutes a bitter, childish reprimand, why don't you, as a staunch Liberal supporter and renowned anti-Conservative, explain why you think that a sentence of 3 years is grossly insufficient, given that it stems from the death of a best friend. (There was no such fatal consequence, and lasting weighty psychological burden, for the young man's prior unlawful behavior.) Tell us what YOU believe is both just and appropriate, and why. Ten years? Life? Honor us with your hypocritical wisdom in adult fashion. Thanks.

reine
said

sorry Jack, but considering the number of previous convictions due to the drunk driving habits, then the sentence should be tripled

Maggie
said

3 years -
getting behind the wheel of a vehicle drunk is no different than walking around with a loaded gun - you may not intend for it to go off but the potential is there...
same for driving drunk ! THEN you add stupidy and reckless behaviour .. reckless driving - you now no longer have an "out"
With Jack Tobin's record - he should have received more ... AND mandatory time either in a hospital ER where he can see the results of drunk drivers - speeders etc etc ...
Jack Tobin has been given a second chance (actually chance number 14 !!) Cant say that for Alex Zolpis...
Am hoping the Judge was not persuaded by the family connection and influence !

Alaine
said

He got more than he should have. He is young, felt remorse, it was an accident and one year is more than enough. How much punishment is enough? God will judge!
I would rather have seen him to community work and no driving for 10 years. That is punishment enough without tax payers having to foot the bill on this person who is NOT likely to reoffend,

rmsbl4
said

Why do so many people refer to this as an ACCIDENT. He CHOSE to drink and get behind the wheel and try to drive. There should be a minimun sentance for this type of something that causes a lost life plus an extra year for each previous violation of serious moving violations.

Mackenzie
said

This is a harsh, but fair sentence. However, the Zolpis family and his former girlfriend need to look in the mirror. Instead of placing all the blame on Tobin, maybe they should ask themselves why Alex's blood alcohol level was higher than Tobin's and he too was exceptionally drunk. He willingly got in the vehicle and horsed around, knowing that Tobin was drunk. Everyone who knew Alex knows that he would not have wanted his friend to suffer more than he already is (by carrying with him for life the fact that he is ultimately responsible for causing his friend's death). The Zolpis family is lashing out, not out of remorse, but out of greed. They see a civil suit and dollar signs. The reality is, they need to face the truth and look at the fact that a horrible tradgedy occured, but their son was not an innocent victim. He was a willing participant in a stupid, drunken night of partying.

parent young adults
said

"there but the grace of god .." you can't say that you, your own kids, or kids you know do stupid things all the time - they think they are invincable and there are no consequences. Well there are and in this case terrible consequences for all concerned -- the parents, the siblings the girlfriends, the friends but mostly both young men. This was not intent but stupidity.

Not Tobin
said

I feel no sympathy for a murderer who previously had 11 tickets and 2 suspensions and never learned his lesson. Tobin should have received a 7 year sentence and have his license permanently revoked. This is how the System penalizes constant offenders? If I were the judge I would have smack-talked Tobin and scolded him for his actions in front of the whole courtoom. Why would anyone feel sorry for man who got off countless times and STILL didn't learn a lesson?

Josey Wales
said

All these posts going on about this terrible accident?WRONG! Anything that happens to Jack the second after his friend was struck.... dead... is called a consequence... NOT an accident.

Thomas
said

Personally, I think justice has been served. He has got a three year jail sentence to endure, a restriction of a driving privilege and a life time of a horrible memory and a what if question going through his mind, to give him any more would be just plain evil and corrupt on part of society, the judge and any system that would suggest otherwise, after all, we like to claim we are more enlighten than islamic laws in the middle east, let's act like it. May he not forget to ask God to forgive him and mercy on his friend...

Tuff Kaul in ONT
said

I disagree Mr. Chartt. You disappoint me with today's rendering, but I none the less appreciate your alternative view point. To suggest that all those that felt a stronger sentence was required, are mouth frothing over reactionary coconuts ( I'm trying to paraphrase in your style) is not right. In the end we are all just arm chair judges. I will put my faith in the judge that had a difficult decision to make and made that decision in consideration of the many factors involved, which no doubt included pressure from the blogging masses that wanted more.

Mad!
said

Not enough!! This guy's driving behaviour preceding this fatal accident demonstrates an unreprentent and outright carelessness for others. If I was the family of the victim, I'd be furious and suing for big bucks!!

Lorne
said

He should have had Margaret Trudeau's lawyer, or perhaps Raffir Guergis's. They both walked away from their impaired charges, although they didn't kill anyone. Still, Daddy's influence prevailed: Kill someone and do 3 years, less with good behaviour. Drive drunk with countless speeding tickets and a history of alcohol abuse, and get your licence back with a nice ribbon on it in 7 years. No lifetime ban, just a little inconvenience. "Only in Canada eh? Pity."

ferdinand
said

Three years? Kinda reminds me of the Heatley incident. Or the Kane incident with the cab driver. So much for Canadian justice.

Yeah right?
said

@Deany.... Serious? So because someone kills someone and they are not "street wise" they deserve a lessor sentence? Would you care how "street wise" someone was if this was someone in your family killed? Seriously, were you born with half a brain?

Ranger
said

He will be in a minimum security hole - and will still come out of there worse off than when he went in .. But he bought it - don't feel sorry for him

Mumphies
said

The sad thing is that his friends contributed to the situation. They were drunk, too. They climbed into the vehicle of a drunk driver. They didn't put on their seat belts and they didn't close the door properly. By partying with Jack, they encouraged his reckless behaviour. Not to excuse what Jack did, but he wasn't solely responsible. It was a group action that resulted in this tragic death.

Rayster
said

What I find disappointing and appalling is that some people think this sentence is excessive. Wake up! This young man has had 11 prior speeding tickets and 2 suspensions! His stupidity cost someone their life! This average citizen (I don't care who his father is) is lucky he only received 3 years! With his history, it should have been more. I only hope this young man takes the next 3 years to deeply reflect on the damage he's done and vows to never repeat it.

AC in NB
said

PEOPLE... this was an accident plain and simple. Both of these young men were intoxicated. Were they even driving on our roads? I know that being in control of any vehicle under the influence is again the law, but weren't they in a parking garage? Some of you should keep that in mind when you're cutting your grass on a ride on mover on a hot summer day with a beer. The punishment fits. Remember back to your grade 11 law class and we learnt about vuluntary assumtion of risk? He wasn't on the highway and killed a person. This was a tragic accident and nothing more.

Jen
said

People, a person that is convicted must serve the entire sentence. There is no more early release for time served etc.. Once they have completed their time they are free to go. No more parole.

Alexa Canada
said

I do agree with everyone that three years is not enough time, but from my personal experience, I do believe this is not just because he is rich. I had a friend a few years ago die because of a drunk driver. My friend died at the scene and the driver got three years, less a day and is on probation for how many ever years once he's out. It wasn't his first time going to court because of impaired driving either, it was a few offences. Yes, I do agree that it will never bring my friend back, or in this case, his best friend back, but I do don't think its just because he's rich. It's the justice system. I would give anything to have my friend back and no matter how many years the driver is behind bars, it still won't happen. The justice system does need to change and I do agree with everyone's opinions said here.

Jim
said

He takes someones life and get's 3 years! What kind of justice is that! What a joke of a justice sytem we have. Shameful!

Paul ~ Kitchener
said

Living real proof, that their is no - "TRUE JUSTICE in CANADA" ! ~ Period ! Our courts are a private playground for lawyers, and their counterparts moved up one level. The legal system in Canada has become a mix mash of personal ideas on justice by judges. This young man had a list of convictions like a sushi menu & look at the bleeding heart justice ruling. This person wins and the rest of us lose especially the man killed.

Dave in Ottawa
said

Deany and PP Charttt, He got less than what he deserved for this stupidity. It's high time you and all the other bleeding heart liberals started to understand that the lack of any real consequences for their actions is what is wrong with society today. We are breeding a nation of people who think they can do whatever they want and get away with it. This is a good example. If his parents and the courts had disciplined him prperly for all his past outrages, then his friend might still be alive today. Absolutely no sympathy from me and I'm glad to see him off the streets. Prison is exactly where he belongs.

Candace
said

I hope Brian gets serious about sobriety. Many many prisons have a few AA meetings, led by people from the "outside".

Nothing can bring his best friend back - but if he can turn around and prevent even one more tragedy like this, it helps.

Booze + Vehicle = NO!

BP from WPG
said

You commit the crime You do the time. It does not matter who you are.

My own opinion
said

Nice to see all the sympathy towards Tobin here for what he will have to endure for the rest of his life - that being the senseless slaughter of his friend. While some boneheads with their Conservative ribbons all pinned proudly to their chests believe that a 3 year sentence for this act (on top of 3 other convictions resulting in suspensions) is more than enough, and that those who don't agree are destined to be victimized by the once again expected childish rants and bullying tactics from the dimwitted professor, perhaps he could answer just who it is that his exalted leader plans to fill his mega prisons with anyway. Honestly! Some people's children!

Anne
said

In some countries, if you steal, you get your hands chopped off. How many times will you steal? I am not saying that Jack should get his hands cut off, however we are talking about a stolen life. Who is to say that Jack won't ever drink and drive. He should have gotten life off the roads...

Deany
said

I feel so sorry for Jack Tobin and
his parents!

The prison system is no paradise for a person who is not street wise. Jack will be completely changed when he is back in society again.

In such a case, three years is just too much at such a young age.
A reoffending criminal, three years, but somebody not street wise is too much.

Susan
said

Well here is another example of a human life not meaning very much. Your friend got life and you get a measely 3 yrs. How much of your sentence was because of who your father is. I also hope your 7 year driving ban starts when you get released. You sure got off lucky. The sad thing is people like you don't learn from your mistakes and unfortunately it will happen again.

kg1
said

and this is something we should care about why? is it just the fact that he is related to someone who is/was a politician that this is making the news? i can pretty much guarantee that there are several joe citizens out there who are charged with the same crime and they dont get nearly as much coverage as this yokel! this is one of those people who would probably say "don't you know who i am?" well my answer to that is "no, and don't care"

from Orleans
said

Truly sad. It's not enough time.
And he should NEVER be allowed to drive again, especially with his record.

Babe
said

Not enough anyone who drinks and drives and then kills someone should never drive again. Not to mention if they are cought for speeding.

Frank
said

If he had a clean record fine but with 11 previous speeding convictions and two previous suspensions at his age he should have received the sentence requested by the crown. He'll be out in no time for good behavior with a chauffeur driving him to the bars.

Russ
said

3 years and a 7 year ban is better than a slap on the wrist that soo many get when charged with drunk driving. As for learning his lesson, don't count on it. He will have served his time and do the 7 year ban and like most criminals, he will have done his time and therefore, feels his debt to society is paid in full. Now lets put it to our politicians and get tougher penalities for all drunk drivers! Unfortunately, this lesson will not be heeded by those who still think it's okay drive under the influence. Enough!

Bob
said

"banned him from getting behind the wheel of a car for seven years."

What does it take to permanently ban someone? 11 speeding tickets, 2 suspensions, DUIs ... what does it take? He kills someone and it's still a FINITE ban!

I don't know if it's the law (i.e. the judge could not give more than a 7 year suspension) or the judge who was being lenient. We know the prosecution asked for a 10 year suspension. Either way, the law has to change.

This is a combination of a faulty legal system and favoritism for people with connections.

Elmer in BC
said

So why didn't the judge give him what the crown asked for? Hmmm why should I be surprised our court system is not a justice system. You kill someone and their life is just not that important anymore. Now if I know our weak minded liberal judges will be giving the Vancouver rioters a 2 day suspended sentence since they didn't kill anyone! Just no justice in the courts!

Judy
said

It was a terrible accident, and now he will have to live with it for the rest of his life. The sentence is fair, think of the people who drive our highways drunk and cause accidents and don't get any punishment for killing people in the other vehicle..... this is no different, just two kids being stupid..... and he will have to live with it the rest of his life, he killed his best friend.....

Ken H
said

This a sad outcome. I agree with every comment that indicates the absolute dismissal of the loss of a human life. Well, Jackie boy, you murdered this young man in my view. Your wilful attitudes and lack of respect for Canadian law and the safety of others was displayed in your driving record. You should be in jail for 25 years without parole in my view. Shame on the the judge and our system. The young man may not have died from being thrown, but you certainly ran him over when he was thrown and had you respected past violations, he'd be alive today. Spoiled brat gets away with it. The rich are untouchable.

max
said

Our justice system does not take reckless and drunk driving seriously. Prior to this incident, Mr. Jack Tobin has bad 11 speeding convictions and two alcohol related suspensions within 7 years. This tragic accident could have been avoided if someone like him get locked up and "re-educated" sooner.

Debbie
said

Hopefully he'll do some maturing while in prison. What a disappointment he must be to his parents!

Ninona
said

I think the sentence should be less. Let us be reminded that both Jack and Zoplis were intoxicated that night. Was Zoplis so drunk that he didn't know the risk he was taking? Why didn't he tell his friend Jack not to get in the vehicle? Both are to blame!!

lorettakaymoore
said

Driving ban should have been at least 10 - 15 years considering his drinking and driving background.

TK
said

Money talks. I think the least he should have at least 5 years and lost of licence for life, for all the convictions he had. Once he serves his year on good behavior he will be right back to doing the same thing but without a licence and still drinking.

Prof. Pye Chartt
said

This will naturally come as a great disappointment to all the irrational law-and-order kooks and over-the-top anti-alcohol crusaders (some of whom are liberal hypocrites devoid of due compassion and supportive of a prohibitionist police state) who wanted a young man already burdened for the rest of his existence with a fatal mistake -- an accident -- that took the life of his best friend to be imprisoned forever. Nobody "won" here, people. Put your little flaming torch away.

John
said

This could have been prevented. He had speeding convictions, etc. They should have took his licence away then. People who drink and drive should have their licence suspended for life. Time in jail will not give him any purpose. He should go to every school and give lectures. I don't understand why he was still driving after all the convictions he had.

trekkie
said

This is a really sad joke. 3 years for killing someone???? When will our justice system start giving punishment that fits the crime. This kid has a very long history of driving offences, but has not yet learned his lesson. 3 years behind bars, and a 7 year ban on driving, hah! He'll be out in less than a year, and up to his old tricks a week after he's out. If his 'friends' let him drive drunk on Christmas eve, they'll let him drive their vehicles without a licence. And the next time he kills someone let's hope the judge puts him away for life. His driving privilege should have been removed for life. Driving is a privilege not a right.

Fed-up in Ottawa
said

He murdered his friend that sentence is clearly not enough. His driving record clearly shows that he has a blatant disregard for the legal system and flaunts that by having so many charges against him and getting off each time. With such a lenient sentence it shows that the family name has pull. He should be considered a dangerous offender with a record like his; people with fewer charges against them have been given that status. He should have a lifetime ban on driving. Guaranteed he will be driving as soon as he comes out of jail even though he doesn�t have a valid license.

Buffett
said

11 speeding convictions and he still had a licence? Clearly a reckless individual, unworthy of sympathy.

Ruth
said

Given his past horrendous speeding and negligent driving record, Jack Tobin should have lost his license a long time ago. If the law was more harsh towards drunk and negligent drivers more people's lives might be saved, in this case and in others, where drunk driving is the culprit. Zero tolerance to drunk driving with stiff sentences like losing your license and having to start all over again as if you never had a license in the first place would be a start. In this case and in the case of most celebrity criminals - money talks and buys good lawyers! It is a sad day for this family but a more sad, life sentence for the family of the young guy who died - they will never see him again.

Katie O
said

No amount of time he serves will change the past. Anything to make Alex's family feel even a little better is worth it.I don't think it's a fair conviction, he should serve more time considering his priors. Too bad Jack didn't learn his lesson the first time... he should have lost his licence the first time and this could have been prevented.

Jeremy
said

3 years for another life. We need tougher drinking and driving laws in this country.

URU
said

No one should be above the law otherwise the country will be lawless if justice was delivered to society's tax paying citizens!!!!

Lise Johnston
said

Why is it that the guy who ran over the 17 yr old girl from Gatineau and killed her and also the woman who ran over the young 16 yr old boy and also the guy who killed a man on his motorcycle, left the scene, went home, sobered up, and later that day, twelve hours to be exact is not in jail. This is a miscarriage of justice. Yes this young man made a terrible mistake, owned up to it and is paying the price. Who pays the price for all the other killers out there who get off for one stupid reason or another or maybe the judges need to be monitored more closely. Don't get me wrong I feel that this is a fair sentence. But it is totally out of whack. Our justice system sucks.

Dave
said

3 yrs huh?

So, he'll get double (maybe triple) time for time served and likely paroled after 2/3 of his sentence, so he should be out by 6pm.

Nice.

Sid PE
said

So Jack gets 3 years, and Alex gets life. No wonder people still drink and drive. Until the justice system is reworked to actually punish the guilty, people will do as they please.

Bubba: At 18 you're and adult. Act like it!
said

This is a sad situation, but the sentence was well deserved.

It's time for all kids who are age 18 to grow up, and realize that at 18 you are an adult, and there is an expectation that you act as an adult. Your child days are over at 18, and if you do stupid things, you will pay the price for your own stupidity.

I mean 'hello in there', wake up your brain and use it!

Tobin had 11 speeding infractions, and 2 licence suspensions. He obviously didn't use his brain at all, and he wasn't even learning from his mistakes. If you don't learn from your mistakes after 13 infractions, you are one really stupid knot in what could be a good piece of wood.

Ian Ottawa
said

A hard lesson to learn for a young person but he took accountability for his actions. I hope he takes this time to learn something worth while to save others from alcohol related deaths.

Michael (Ottawa)
said

Consider yourself fortunate Jack. This is a lesson for you that when you are an adult you are expected to act like one. Your friend Alex got "life" but you received just three years. Thank your creator this is all you received because you deserved life too for the foolish way you behaved along with your friends. You also owe your parents a huge apology for the incredible humiliation you have put them through that they didn't deserve. Kudos to your folks for standing by you Jack. They showed remarkable class.

Oliver in Manotick
said

Let's hope the 7 year driving ban doesn't commence until he's out of the slammer. I'd like a good 10 years with him off our local roads.He got off light, in my opinion, when you consider that with good behaviour and all he'll be out in less than half that.Having said that, the Zolpis kid bears some responsibility for going along with this stupidity and so do the other friends that were there.

Tom Nicholson
said

I think he should have got more time, Him or his Father are no better than the rest of us and upon his release he should visit selected high schools to talk about the LARGE mistake he made, And try to persuade as many students as possible not to do rhe same...

Randall Marion
said

Given the history of drunk driver's actually recieving jail time and the fact the Mr.Tobin is the son of a prominent political figure,recieving a 3 year sentence is somewhat suprizing.

A welecome suprize mind you but a suprize none the less.

The justice system still failed the victim's family not once but twice,however I hope this conviction will send the message that drunk driving is unaccepatable and that those drunk driver's are going to held accountable.

joe mees
said

it's a sad outcome .. i feel that this boy will suffer with his accions for a life time and jail will not serve any useful purpose.. maybe a three year lecture tour to students in high school nearing driving age at his own expense would be a more positive out come for all..joe

Uncle Bob
said

The criminal justice system is a farce. He'll be out in less than a year on parole. So if you kill someone , it could cost you a year of freedom. Apparently the value of human life in Canada isn't much more than in a third world country. We tend to think of ourselves as civilized or more socially advanced? Who you know or who you are related to is absolutely unrelated to the offence. Well I guess in Canada it is related, isn't it? The only conviction that gets real time nowadays is terrorism. No one is really offended by petty crime of robbery, rape, assault and murder.

Scott (in Alberta Party Country)
said

Considering this lad's past driving history and the loss of life involved, I'd say he got off rather lucky. Then again, this is Canada and it's world renown lax punishment system.

GB
said

Having lived in Newfoundland at one time, I think 3 years is what they give to hunters who kill moose out of season. What a message we send to people who murder others through impaired driving!!!

alexis
said

3 yrs for taking someone else's life just doesn't seem right.

nsgal
said

Thats fair....

joe canada
said

NOT ENOUGH!!!!!!!

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