Family of Ont. man killed in crash calls for stricter laws for dangerous driving, premier voices support

Andrew Cristillo was killed in a crash earlier this month, his family has launched a petition for stricter laws and penalties, calling it 'Andrews Law.'

The family of an Ontario man who was killed in a crash involving an alleged repeat dangerous driver has launched a petition calling for legal changes in the wake of his death.

“This tragedy should have been prevented,” said Andrew Cristillo’s younger brother, Jordan, saying his family is hoping even in death, the genial and humorous husband and father of three can make a positive difference for others through proposed changes they’re calling “Andrew’s Law.”

Jordan was speaking just outside the courthouse in Oshawa on Friday, where the accused driver, 18-year-old Jaiwin Kirubananthan, appeared at a bail hearing.

“When we’re allowing dangerous drivers on the road, we’re gambling with other people’s lives. That’s why we’re petitioning to bring forward the Andrew Law, where dangerous drivers that are charged are no longer allowed on the road,” Jordan said.

“It’s a privilege, not a right.”

Kirubananthan is charged with dangerous driving causing death in the Aug. 3 head-on collision on Highway 48 north of Toronto that killed Cristillo, who was heading home from a family gathering with his wife and three kids.

Cristillo’s wife, Christina, pushed out the windshield with her feet to get the three kids, 7-year-old Leah, 6-year-old Chloe, and 4-year-old Ella, out of the car, her family said. They’re recovering in hospital from what the family describes as “life-altering injuries.”

‘Long overdue’: premier

The family’s petition appears to have found support in Ontario Premier Doug Ford, who was riding in a vehicle that was hit allegedly by Kirubananthan in an earlier incident.

Ford appeared to give his blessings after CTV News asked Thursday about mandatory restrictions pending trial for those receiving a dangerous driving charge.

“Absolutely. I think it’s long overdue. So we’ll look at it,” he said. “They’re racing from point A to point B. It’s just terrible. They need to have their licenses taken away.”

Ford also described the January crash from his perspective, saying the other driver was driving over 200 km/h and swooped across three lanes of traffic, saying he was “lucky, quite literally, by inches.”

The premier said he had been in touch with Cristillo’s family and said he had to stop himself before saying more to avoid affecting the ongoing legal proceedings.

“Just frustrating, heartbreaking, and I just give condolences and our prayers go out to the family, and I know the people of Ontario will support him any way we can,” he said.

Back in January, Kirubananthan was also charged with stunt driving under the Highway Traffic Act and later dangerous driving for hitting an OPP cruiser carrying Premier Doug Ford on Highway 401.

The stunt driving charge carried with it a 30-day driving ban, but Kirubananthan regained the legal ability to drive in part because he was issued a summons for the dangerous driving charge instead of being put through a bail hearing where a judge can order driving restrictions.

Family wants mandatory driving bans

The Cristillo petition is calling for those driving bans to be mandatory after a dangerous driving charge, saying that could have prevented Cristillo’s death.

“This was not an unavoidable accident; it was the direct result of a system that repeatedly allows dangerous drivers another chance,” the petition says.

The petition also calls for “life sentences or charges equivalent to murder when dangerous driving results in the loss of life” and “lifetime bans for extreme dangerous driving.”

Criminal lawyer Monte MacGregor, who has been following the case, said the proposal for mandatory bans is similar to what is issued at the side of the road for stunt driving and drunk driving cases.

“To me, it’s a reasonable measure that affords us the security of knowing, okay, you’re allowed out of jail, but we’re trying to protect society from any further offences,” MacGregor said.

Barry Fox, Kirubananthan’s lawyer, told reporters outside the Oshawa courthouse that his client’s family, who attended the hearing, was “very concerned” about what happened.

Bail decision postponed

At the time of the Aug. 3 crash, the OPP said Kirubananthan was arrested after fleeing the scene. A decision was expected Friday on whether to release him on bail, and after some legal arguments, that decision was postponed until August 25.

The arguments and evidence in the bail hearing are covered by a publication ban and can’t be reported. Kirubananthan is considered innocent unless proven guilty on both sets of charges.

Cristillo’s family is also reeling because his wife, Christina, has been battling late-stage breast cancer and must now contend with raising three young children without her husband.

An online fundraiser has received more than $455,000 in donations as of Friday afternoon, and the petition has received over 1,000 signatures, according to its host, Change.org.