CASE LAW - R v Nikirk

BC Courts Coat of ArmsIf Tenessa Nikirk could undo the moments in her life that caused this collision, I have no doubt that she would. The bad judgment (and driving) that she exhibited on December 20, 2017 in Saanich lead to a collision with 11 year old Leila Bui in a crosswalk leaving the girl with life shattering injuries that she will never recover from. Nikirk has been convicted of dangerous driving causing bodily injury.

Speeding, tailgating, texting and ultimately striking a child in a crosswalk led to the conviction. Judge D. M. McKimm examined the circumstances and concluded that Nikirk was driving dangerously.

On December 21, 2020 Ms. Nikirk was sentenced to serve 2 years in jail by Judge D.M. McKimm. She was also prohibited from driving anywhere in Canada for a three year period following her release.

On January 26, 2021 Ms. Nikirk was released on bail pending appeal of her conviction after serving approximately 2 weeks of her sentence.




That's a horrible and unnecessary collision, created by the mind of the driver who wiped out the normal life that the child should have been able to live.

I don't doubt that she would undo everything, in hindsight.

But she didn't get to have a driver license in her pocket, and be able to commit this criminal action, without knowledge and apparent qualification.

I don't know what the sentencing penalty will be, but I certainly hope that it includes a 2 year (less a day) jail sentence, and 5 to 10 years of being ineligible to drive a motor vehicle.

Discussion of Comments

I found the following on Kyla Lee's blog:

Undoubtedly, the court will impose a period of jail as part of the sentence. Upon completion of the jail term, the driver will also have to serve a lengthy driving prohibition. I would anticipate something in the range of two to four years in a case like this. In addition, ICBC will require the driver to start back from a Class 7L license, if the prohibition is for two years or longer. The driver will not be able to apply for a license until the debt to ICBC is paid or a payment plan is in place and being followed. The woman’s insurance rates will skyrocket, if she is ever permitted to insure a vehicle again with her outstanding debt.

This sentence caught my eye:

In addition, ICBC will require the driver to start back from a Class 7L license, if the prohibition is for two years or longer.

Where's the legislation that would support this? Class 7 licenses were created only for completely inexperienced drivers, surely?

3 Year Suspensions

I found the following on ICBC's web site:

If you have been suspended for three or more years, you must complete a re-examination road test for the class of licence that you held. However, the Superintendent of Motor Vehicles may require further testing to meet driver-fitness guidelines. You will also need to pay any outstanding fines or debts to ICBC.

The link would not load for me today.

Odd that the page speaks of one year prohibitions and those of 3 years or more. What happened to 2 years?

Same problem here.

The link would not load for me today

I just discovered the same problem, the BC Laws website is down.

Odd that the page speaks of one year prohibitions and those of 3 years or more. What happened to 2 years?

I figured 2 years less a day as I figured she would be incarcerated in a provincial facility, rather than a federal one.

When reading through the case (perhaps too quickly) I didn't see anything about this being a Class 7 driver. If that's the case, then it would make sense that she would have to pass a Class 7 re-exam.

None the less, while I would expect all the penalties appropriate to the C7 licensee, as well as the necessity to pass a re-examination, I'm not at all certain that Kyla Lee's assertion that she will automatically be reverted to learner status is correct.

I would draw a parallel with a senior being called in for a re-exam (which these days would be the Enhanced Road Assessment). Their Class 5 licenses don't become Learner Licenses unless they have already attempted the re-ex at least once without success.

This is not unusual

Unfortunately, in my municipality (Saanich) this type of driving behaviour is all too common. I see speeding drivers using their cellphones every day. Saanich has an Active Transportation Plan and espouses Vision Zero, but in practice it is little more than words on paper. Everything Saanich does in regards to transportation favours vehicle convenience. The Engineering department steadfastly refuses to admit or even acknowledge there might be a problem. Any suggestions for lower speed limits are ignored. It is only a matter of time before more lives are destroyed.

Fair judgment?

I think so. 

Children - all pedestrians - should be able to use a crosswalk like that, and be protected by the other road users.

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