David Bruce Hayward

This is a sentencing decision for two young men who pleaded guilty to willfully promoting hatred against Jewish and Black people, contrary to section 319(2) of the Criminal Code, by posting hateful and dehumanizing posters in public places.

The Crown sought imprisonment, while the defence requested a conditional discharge.

The court considered aggravating factors, including the nature of the hate speech and its community impact, and mitigating factors, such as the offenders' youth, lack of prior record, guilty pleas, and efforts towards rehabilitation.

The judge emphasized denunciation and deterrence as primary sentencing objectives.

Ultimately, the court imposed a conditional sentence of imprisonment for six months, to be served in the community with strict conditions including home confinement, followed by two years of probation with community service and mandatory counselling, rejecting a conditional discharge or suspended sentence as insufficient.

The offender pleaded guilty to sexually assaulting a former intimate partner on July 3, 2014, in Burlington.

The assault involved non-consensual oral sex after the complainant explicitly said no and the relationship was over.

The offender and complainant were both cognitively impaired individuals who had been in a three-year intimate relationship and were discussing reconciliation.

The Crown sought 9-12 months custody, while the defence sought a six-month conditional sentence.

The court imposed a suspended sentence with two years probation, finding that separation from society was not necessary given the unique circumstances, including the prior intimate relationship, the complainant's pre-offence sexting, the offender's significant disabilities and exemplary character, and the isolated nature of the offence.