L. Shafran

Sentencing followed guilty pleas to multiple assaults, an indecent act, and breach of a release order arising from incidents involving a child victim, a parent, and kindergarten students.

The court accepted a joint submission for a custodial term and probation after weighing aggravating factors, including targeting children in public spaces and violating a no-attendance release condition, and mitigating factors, including a guilty plea and mental illness linked to the offending behaviour.

The reasons emphasize denunciation and deterrence under Criminal Code ss. 718.01 and 718.04, while also recognizing broader community harm through a community impact statement under s. 722.2(1).

The joint position was found reasonable, with Summers credit applied to pre-sentence custody and ancillary orders imposed.

The accused was charged with multiple offences, including prowl at night, obstruct police, escape lawful custody, and assault police causing bodily harm, following an interaction with police investigating a suspicious person report.

The court dismissed all charges except the assault charge due to lack of evidence.

On the Charter application, the court found egregious police misconduct, including unlawful detention, excessive use of force (tasering a fleeing, unarmed suspect), racial profiling, and severe breaches of the right to counsel.

Finding that the police conduct fell into the residual category of cases where state conduct undermines the integrity of the justice system, the court granted a stay of proceedings on the remaining assault charge under s. 24(1) of the Charter.