F. Thatcher

The accused pleaded guilty to criminal negligence causing the death of three people after operating an overloaded, ill-equipped boat in severe weather while impaired by alcohol, despite police warnings.

The court considered the accused's Indigenous background and intergenerational trauma detailed in a Gladue report.

Balancing denunciation and deterrence with rehabilitation, the court sentenced the accused to 18 months in custody followed by three years of probation, along with ancillary orders including a DNA order and a qualified boating prohibition.

The accused was charged with multiple counts of criminal harassment and disobeying a court order relating to his ex-partner, her family members, and a police officer.

The Crown alleged the accused engaged in threatening conduct toward the officer and repeatedly communicated with the ex-partner's family members through letters and in-person encounters.

The court found the accused not guilty of the criminal harassment charges, concluding the conduct toward the officer was not a tool of intimidation and the Crown failed to prove repeated communications with the family members.

However, the accused was found guilty of one count of disobeying a non-communication order for sending a letter to the ex-partner's uncle that explicitly asked him to speak to the accused's daughter on his behalf.

The accused, Monica Spence and Daniel Debassige, were sentenced for their roles in the beating death of the victim.

Following a trial, Debassige was found guilty of second-degree murder, and Spence was found guilty of manslaughter due to intoxication and provocation after the victim sexually assaulted her.

Applying Gladue principles and considering pre-sentence reports, the court sentenced Spence to five years (with credit for pre-sentence custody, leaving 703 days) followed by three years of probation.

Debassige received a mandatory life sentence with no parole eligibility for 10 years, in accordance with a joint submission.