January 10, 2017 - 10:50amUpdated: January 10, 2017 - 1:30pm
Kevin Martel/980 CJME
Keith Dunford leaving Weyburn's court on Oct. 13, 2015.
Keith Dunford has lost his appeal and must now surrender himself into custody.
He was found guilty in 2015 of dangerous driving causing the death of a young flag person near Midale three years earlier.
Dunford was sentenced to two years less a day and appealed both his conviction and sentence.
Evidence showed Dunford wasn't paying attention for roughly 13 kilometres, distracted by papers, when he unknowingly entered the construction zone.
Speeding, he overtook vehicles before striking 18-year-old Ashley Richards. Pregnant, she started on the job just a day earlier.
Her death led to new rules and tougher penalties when driving through construction zones.
In a written decision, Justices Ottenbreit, Richards and Whitmore maintain, "a suspended sentence in a situation where there has been a death and in circumstances of high moral culpability is inappropriate and unfit."
With regards to the conviction, the justices conclude that the trial judge made no errors and applied the law appropriately.
"The evidence on the whole demonstrates a marked departure from the standard of care expected from Mr. Dunford at that location at that time," said Justice Ottenbreit.