Johanne Lafrance-Cardinal

The accused pleaded guilty to one count of dangerous driving causing death and two counts of dangerous driving causing bodily harm after his tractor trailer collided with multiple vehicles in a construction zone on Highway 401.

The accused had falsified his logbooks and was driving almost double the permitted hours.

The court weighed the mitigating factors of his guilty plea and youth against the severe aggravating factors, including the death of a young mother, injuries to others, and his callous disregard for safety regulations.

The accused was sentenced to 3 years in a federal penitentiary and a 3-year driving prohibition.

The 24-year-old first-time offender pled guilty to importing 9 handguns and 14 high-capacity magazines across the St. Lawrence River.

The Crown sought 5-6 years, while the defence sought 3.5-4 years.

The court weighed the extreme seriousness of firearms importation against the offender's youth, lack of criminal record, and early guilty plea.

The court imposed a total sentence of 4 years imprisonment, less 15 months credit for pre-sentence custody, along with a lifetime weapons prohibition.

The accused pleaded guilty to theft over $5,000 and obtaining money by false pretence after depleting over $219,000 from his elderly father's bank account while acting as Power of Attorney.

The father suffered from dementia and resided in a long-term care facility.

The accused used the funds to fuel a drug addiction.

The court accepted a joint submission, sentencing the accused to 8 months in jail followed by a 16-month conditional sentence, 3 years of probation, and a stand-alone restitution order for the full amount taken.

The defendant, Kaitlyn Gougoula, pleaded guilty to multiple charges including conspiracy to commit murder, attempt to render the victim insensible by choking, aggravated assault, forcible confinement, and breaches of probation under the Youth Criminal Justice Act.

The charges stemmed from a severe and prolonged torture of the victim, Shawn Theobald-Lewertoff, involving duct-taping, burning, cutting, stabbing with a dirty needle, and physical assault, motivated by an accusation of theft and being a police informant.

The court considered a joint sentencing submission of 71 months global sentence, minus time served, taking into account aggravating factors such as the defendant being on probation, drug use during the crime, victim vulnerability, and group mentality, balanced against mitigating factors like an early guilty plea, remorse, youth, and family support.

Kaitlyn Gougoula, facing serious charges including conspiracy to commit murder, aggravated assault, and confinement, applied for judicial interim release.

The Crown opposed her release on secondary and tertiary grounds.

The court found that despite a proposed plan of house arrest with her grandparents as sureties, Gougoula's history of impulsivity, severe drug addiction, escalating violence, and inability to be controlled by family indicated a substantial likelihood of re-offending and interfering with the administration of justice.

The extreme gravity and deliberate nature of the alleged torture, coupled with the strong Crown case and potential lengthy imprisonment, necessitated detention to maintain confidence in the administration of justice.

The application for judicial interim release was denied.

The accused pleaded guilty to manslaughter after causing the death of a 61-year-old First Nations man by blunt force trauma during an altercation.

The accused had a prior conviction for manslaughter.

The court considered Gladue factors, psychiatric assessments indicating PTSD and alcohol use disorder, and the aggravating factors of the accused's prior record and failure to seek assistance for the victim.

The court sentenced the accused to 12 years' imprisonment, less pre-sentence custody credit.

Robert Martineau pleaded guilty to conspiracy to unlawfully possess/sell unstamped tobacco products and possession of property obtained by crime, related to 384 cases of cigarettes over 15 events.

The Crown sought a two-year custodial sentence, while the defence requested an 18-24 month conditional sentence.

The court considered aggravating factors, including Martineau's leadership role, lack of remorse, and profit motive, and mitigating factors such as his guilty plea and strict pre-trial release conditions.

Applying principles of denunciation, deterrence, and parity, the court imposed an 18-month incarceration sentence, reduced by 6 months for pre-trial custody (enhanced credit of 2:1) and a further 4 months for the onerous 44-month release conditions, resulting in 8 months remaining incarceration.

No probation was imposed.

Luc White pleaded guilty to conspiracy to possess/sell unstamped tobacco products and possession of property obtained by crime.

The Crown sought 12 months custody.

The defence sought a 90-day intermittent sentence and a 9-month conditional sentence.

The court considered aggravating and mitigating factors, as well as sentencing principles including parity and restraint.

The court imposed a 90-day intermittent sentence for count 2 and a 9-month concurrent conditional sentence for count 3, with strict conditions.

The applicant sought release pending trial on a charge of second degree murder under s. 235(1) of the Criminal Code.

The court considered detention under the primary, secondary, and tertiary grounds in s. 515(10) following a reverse-onus bail application under s. 522.

Evidence included the applicant’s extensive criminal record for breaches, her presence at the homicide scene, forensic evidence linking her footwear and clothing to the victim’s blood, and her conduct before and after the alleged offence.

The proposed release plan involved residence at a supervised disability facility with her brother acting as surety.

The court concluded that the applicant failed to discharge her onus on all three grounds, finding a significant risk of non-attendance, public safety concerns, and that detention was necessary to maintain confidence in the administration of justice given the gravity of the offence and strength of the evidence.

Sentencing following guilty pleas to breach of trust by a public officer and fraud over $5,000 arising from a municipal treasurer’s misappropriation of public funds.

Over a six‑year period the offender diverted more than $113,000 in cash payments received from residents for municipal taxes, permits, and other services.

The court considered significant aggravating factors including prolonged conduct, abuse of a position of trust, and the impact on municipal employees and taxpayers.

Mitigating factors included the offender’s guilty plea, lack of criminal record, cooperation with investigators, and gambling addiction.

Emphasizing denunciation and general deterrence in large‑scale breach‑of‑trust frauds, the court imposed a custodial sentence with probation and restitution.

The accused pleaded guilty to multiple sexual offences involving his biological daughter, including incest and sexual activity beginning when the complainant was under 14 years old and continuing intermittently over many years.

The offences involved repeated vaginal, oral, and anal intercourse, an abuse of parental trust, and resulted in a pregnancy that ended in an abortion.

The complainant had intellectual limitations and remained vulnerable throughout the prolonged abuse.

The court emphasized denunciation and deterrence as primary sentencing objectives, finding rehabilitation of limited relevance given the offender’s age and lack of remorse.

A penitentiary sentence of eight years was imposed along with several ancillary orders.

The accused brought a Rowbotham application seeking a court‑ordered state-funded counsel after being denied Legal Aid.

The Crown conceded the accused had been refused Legal Aid and lacked the financial means to retain counsel, leaving only the issue of whether her right to a fair trial would be materially compromised without representation.

The accused faced charges of mischief and criminal harassment and argued the harassment charge was legally complex.

The court held the anticipated four‑hour trial was not lengthy or complex and that the accused could effectively represent herself with guidance from the court.

The application for court‑appointed counsel was dismissed.

A young person pleaded guilty to second degree murder and was to be sentenced under the Youth Criminal Justice Act.

The principal issue was the appropriate credit for pre‑sentence custody.

The Crown sought reduced credit prior to the guilty plea while the defence sought one‑for‑one credit for all time served.

The court held that absent exceptional circumstances youth courts should not reduce credit below one‑for‑one and found none present in the case.

The court imposed the statutory maximum youth sentence for second degree murder, with one‑for‑one credit for pre‑sentence custody, followed by conditional supervision.

The Crown sought estreatment of a $5,000 recognizance bond following the accused’s breaches of bail conditions and subsequent convictions for fraud-related offences and failing to comply with recognizance.

The defence argued that the Certificate of Default (Form 33) was invalid because it was not signed by the judicial officer and inadequately described the default as “fail to comply.” The court held that the absence of a signature and the wording on the form did not invalidate the certificate where the court record and transcript clearly established a judicial finding of default and defence counsel had consented to the process.

Applying s. 771(2) of the Criminal Code, the court concluded the accused had not met the burden of demonstrating why the full pledged amount should not be forfeited.

The court ordered the full $5,000 bond estreated to the Crown.

Sentencing decision following a guilty plea to failing to provide the necessaries of life to a child under s. 215(2)(a) of the Criminal Code.

The offence involved prolonged and severe neglect of a vulnerable child who was confined to a room for months, malnourished, and developmentally delayed when apprehended by child protection authorities.

The court considered aggravating factors including the vulnerability of the child and the parental position of trust, and mitigating factors including the offender’s lack of criminal record, intellectual limitations, and demonstrated rehabilitation following release from pre-trial custody.

Relying on the principles governing credit for pre‑sentence custody, the court granted enhanced credit for 8.5 months of remand.

The offender was deemed to have served a 12‑month sentence and was placed on two years’ probation with strict rehabilitative and protective conditions.

The applicant mother brought a motion to vary a final order to permit her to relocate with the parties' two children to Tamworth to live with her new partner.

The respondent father brought a cross-motion seeking custody, shared parenting, or increased access, and the paternal grandparents sought specific access.

The court applied the Gordon v. Goertz framework and found that the move would be highly disruptive to the children, particularly given one child's special needs and their strong attachment to the family farm and paternal grandparents.

The mother's request to relocate was dismissed.

The court ordered extended access for the father and a specific access schedule for the grandparents.

The accused pleaded guilty to failing to stop for police and dangerous driving following a high-speed pursuit involving multiple police agencies.

The offender, a First Nations individual, had a prior record involving driving-related offences but had undertaken significant rehabilitation efforts including completing an alcohol treatment program and attending Alcoholics Anonymous.

The court considered the sentencing principles under s. 718.2(e) of the Criminal Code and the Gladue framework, weighing denunciation and deterrence against rehabilitation and the offender’s background circumstances.

The judge concluded that community safety would not be endangered and that a conditional sentence was appropriate for the dangerous driving offence.

The offender received credit for pre-trial custody, a conditional sentence order, probation, and a driving prohibition.

Following a family law trial concerning custody, child support, and extraordinary expenses for a child, the court was asked to determine costs under Rule 24 of the Family Law Rules.

The respondent at trial, who was self‑represented, succeeded on all substantive issues including custody, child support, arrears, and extraordinary expenses, although the court ordered extraordinary expenses to be shared equally due to a finding of underemployment.

The successful party sought compensation for lost work days, file preparation, and witness summonses.

The opposing party sought substantial legal costs despite losing the issues at trial.

Applying the presumption that the successful party is entitled to costs, the court awarded a reduced amount reflecting reasonable expenses.

Sentencing decision following guilty pleas to trafficking in a Schedule I substance (Oxycontin) under the Controlled Drugs and Substances Act and possession of proceeds of crime under the Criminal Code.

Police executed search warrants at two residences and seized large quantities of oxycodone pills with an estimated value of approximately $35,000, along with cash proceeds.

The offender had no prior criminal record and pleaded guilty early, but the court found significant aggravating factors including the large quantity of a hard drug and trafficking motivated by financial gain rather than addiction.

The court emphasized denunciation and deterrence in prescription opioid trafficking and rejected a conditional sentence.

A custodial sentence followed by probation was imposed.