Mr. Kozak

The accused, an Indigenous man with a tragic background, pleaded guilty to manslaughter following a vicious and prolonged assault on an older victim.

The Crown sought a 10-year sentence, while the defence proposed 6 years.

Applying Gladue principles and considering the accused's designation as a dangerous offender, the court imposed a sentence of 8 years' incarceration, less 4 years of pre-sentence credit, followed by a 10-year Long Term Supervision Order.

The offender pleaded guilty to incest contrary to s. 155 of the Criminal Code for engaging in a prolonged sexual relationship with his adult granddaughter, whom he had raised since childhood.

The conduct occurred over several years and involved repeated sexual intercourse while the victim remained emotionally and financially dependent on the offender.

The court found significant aggravating factors, including abuse of a position of trust, grooming behaviour, and attempts to intimidate the victim after disclosure.

Although the offender was an Indigenous residential school survivor with no criminal record and a Gladue report was considered, the court held that denunciation and deterrence required a custodial sentence.

A conditional sentence was rejected as inconsistent with the seriousness of the offence.