Court File and Parties

Court File No.: Halton 18-1903, 18-2290 & 18-4127 Date: 2019-08-16 Ontario Court of Justice

Re: Her Majesty the Queen And: Meredith Lis

Before: Justice Lesley M. Baldwin

Heard on: January 31st, February 13th, March 13th, April 10th and June 12th, 2019

Reasons for Sentence released on: August 16, 2019

Counsel:

• M. MacKenzie, counsel for the Provincial Crown
• R. Kraska, counsel for the Federal Crown
• S. Lawson, counsel for the defendant Meredith Lis

BALDWIN J.:

[1] Guilty Pleas

On April 10, 2019, Meredith Lis pled guilty to 4 counts as follows:

(1) Between the 28th day of July and the 4th day of September in the year 2017, at the Town of Oakville, being a parent of Kaylie Lis-Lalonde, a child under the age of sixteen years, did fail without lawful excuse to provide the necessaries of life to Kaylie Lis-Lalonde thereby causing the health of Kaylie Lis-Lalonde to be endangered permanently contrary to Section 215 subsection (2)(a)(ii) of the Criminal Code of Canada (the Crown proceeded by Indictment – maximum sentence is 5 years);

(2) On or about the 22nd day of June in the year 2018, at the Town of Oakville did unlawfully possess a substance included in Schedule 1 to wit: heroin, contrary to Section 4(1) of the Controlled Drugs and Substances Act (the Crown proceeded Summarily – maximum sentence is 6 months);

(3) On or about the 22nd day of June in the year 2018, at the Town of Oakville did unlawfully possess a substance included in Schedule 1 to wit: methamphetamines, contrary to Section 4(1) of the Controlled Drugs and Substances Act (the Crown proceeded Summarily – maximum sentence is 6 months);

(4) On or about the 6th day of November in the year 2018, at the Town of Milton having appeared before a Court, unlawfully did fail to re-attend Court as required by the said Court, contrary to Section 145(2)(b) of the Criminal Code of Canada (the Crown proceeded Summarily – maximum sentence is 6 months).

BACKGROUND/CONTEXT

Circumstances of the Deceased Child

2Kaylie Lis-Lalonde was born March 19, 2008 and she passed away on September 4, 2017, at nine years of age.

3Kaylie was born with Cerebral Palsy and was globally and developmentally delayed. She could only eat pureed food supplemented by Pediasure, was non-verbal, and had to be lifted/carried as she could not walk. She could sit without support on the floor and roll side to side but she could not crawl. She wore diapers and slept in a baby's crib.

4The most Kaylie ever weighed in her lifetime was 45 pounds.

5Although non-verbal, Kaylie could eventually communicate with a "Go Talk" device.

6Although she could not walk, she was eventually able to use a walker with full trunk support.

Kaylie's Parents

7Kaylie was the youngest of three children belonging to Meredith Lis and Marty Lalonde, who is also referred to in the material as Marty Lalande.

8Their eldest daughter, Katelyn, age 16 years, was not living with Meredith at the time of Kaylie's death.

9Erik, age 10 years, was living with Meredith and Kaylie at the time of Kaylie's death.

10The parents had a dysfunctional relationship and Mr. Lalonde separated from Ms. Lis after Kaylie was born. Ms. Lis had custody of all three of their children.

11Meredith also had an older daughter, named Kristen, from a previous relationship.

CAS Involvement

The CAS was involved in Kaylie's life since the day she was born.

12Kaylie was hospitalized in 2016 for dehydration.

13Following that hospital stay, the CAS transferred the file to "ongoing" and as part of the standards they were required to see the home and have a "face-to-face" a minimum of once every 30 days. During this time, Meredith arranged for respite care for Kaylie at Erin Oaks Centre (the name of this facility has been spelled incorrectly throughout the material filed with the Court – it is called ErinoakKids Centre) and Darling Home. Other items discussed with Meredith and the CAS included having Kaylie's wheelchair serviced, moving Kaylie from a crib into a bed, and Meredith's financial concerns, including being behind on rent.

14Meredith explained that she had been suffering from depression and not being motivated. She stated that she had been prescribed Ativan and another medication to help with anxiety and sleep.

15CAS worker Linda Brooks met with Meredith on May 16th, 2017. Meredith had Kaylie's wheelchair maintained. Meredith was teary and said she was struggling at times. Meredith was still behind in her rent.

16The June, 2017 home visit was rescheduled twice at Meredith's request as the children weren't feeling well. At the June 26, 2017, last home visit, Meredith informed Linda Brooks she was concerned as the landlord wanted her evicted. Meredith had no plan in the event she was evicted. She had submitted her Ontario Disability Program application and was expecting to hear back within 90 days. Kaylie was napping during this visit.

Katelyn Lis-Lalonde's Statement to Police

17Katelyn stated that she had to do a lot for the victim when she lived at the home. She bathed her, fed her, got her dressed, put her to bed and got her ready for school. Katelyn was always in the living room with her sister and didn't really have time for herself. Katelyn would make meals for her and her brother Erik. Meredith only made something once or twice a week.

18Once her parents split up, Katelyn didn't see her father much and she took on the second parent role with Kaylie and Erik.

19Katelyn stated that Meredith would often be in her bedroom or downstairs doing laundry or she would leave the apartment for hours at a time. There were times when Katelyn woke up in the middle of the night and her mother was gone and wouldn't answer her cell phone. Katelyn was left with her brother and sister not knowing where their mother was on multiple occasions.

20Katelyn would hear her sister crying so she would get her up, change her diaper and get her dressed. This all started around the time Katelyn was 8 years old. As time went on, Katelyn found herself becoming more involved with Kaylie's care. By the time Katelyn was 12-14 years old, she was doing most of the care for Kaylie and Erik.

21The last time Katelyn saw her sister Kaylie was the last week of July. Katelyn stayed in Oakville with her boyfriend until the 1st or 2nd of August. Kaylie then attended camp, so Katelyn only saw her for 2 days. Katelyn stated that Kaylie was only eating Pediasure at that time as it was difficult to feed her other foods. When Katelyn was living at home, she would blend up milk, cereal with fruit, and feed Kaylie chocolate pudding which she loved. Kaylie would not even eat that during this last visit. Katelyn also advised that Meredith had lost a lot of weight and looked unhealthy. (Agreed Statement of Facts – p.7)

Erik Lis-Lalonde's Statement to Police

22Erik felt that Kaylie got sick when she attended the ErinoakKids Centre for respite care during the mid-summer.

23Kaylie returned from ErinoakKids with head lice and Erik contracted lice as well.

24Erik stated that Kaylie had been fine up until the last few weeks. She hadn't been eating much recently. Erik said his mom had been giving Kaylie Gatorade and some kind of food.

School

25Police obtained statements from teachers and staff who dealt with Kaylie at Oakwood Public School regarding their observations over the 3 years leading up to Kaylie's death.

26During the first year of school, Kaylie had good attendance. Kaylie always came in clean and well-kept and she didn't have any rashes. She was coming to school with pureed foods sent by Meredith.

27Eventually it was found that Kaylie was still hungry after eating, so during the second year, staff had pureed food prepared to supplement her diet. It was during Kaylie's second year at school that she was hospitalized in Brockville. When she returned Kaylie was more fragile. The school was able to build up her strength and she seemed to make progress. It took about a month to get Kaylie 'back to normal'. Kaylie was fine when she completed the 2nd school year.

28During her last year, Kaylie started the school year lighter than in the past. Meredith was sending pudding and Pediasure. The school continued to top Kaylie up with pureed food but then Kaylie started to be absent on Mondays and Fridays. Kaylie had a period in December where she was away for 2 weeks. Meredith didn't provide a reason for the absence.

29In addition, Kaylie had been away from school for an extended period of time around March (40 days straight). She was underweight which caused concern for school staff. Kaylie was stiff and would cry when put in her walker, as though she hadn't been exercised. A teacher called Meredith after Kaylie returned to school and Meredith said she was dealing with a lot with the death of her mother (details on this event appear in the Circumstances of the Offender segment of this judgment).

30The teacher contacted CAS about Kaylie's condition and concerns about Meredith.

31Kaylie's weight was still down toward the end of the school year. Staff would make food in ice cube trays for Kaylie and send them home with Meredith.

32Kaylie's teacher recalled that on the last day of school, Meredith couldn't open her eyes, was sweating, couldn't focus and appeared "right out of it". Meredith stayed at the school talking even after Kaylie was picked up by the school bus.

33On the last day of school, Kaylie looked good and had a healthy weight and was doing well. She was eating 3 to 5 pureed frozen ice cubes of food a day. Kaylie had a good appetite, but it took a while to feed her. The school was aware that respite care was put in place for the summer with different places for Kaylie to go during the week.

Hospitalization in February/March 2016 and Ongoing Plan

34Kaylie was admitted to the emergency ward at Brockville Hospital by her father on February 27th, 2016 for dehydration. She presented as having a cough with congestion, shortness of breath, lethargy and apparently hadn't had a bowel movement in 3 days. Kaylie's eyes were sunken, and her tongue was dry and coated. She was 33 pounds (15 kilograms). She was seen by Dr. Van Jaarsveld, treated and transferred to Kingston Hospital the same day.

35"It is not being suggested that Kaylie's hospitalization during this time was due to the actions or negligence of Meredith Lis. Prior to the access visit on February 27, 2016, Kaylie had been ill and Ms. Lis took Kaylie to the Oakville Trafalgar Memorial Hospital to have her assessed to ensure she was well enough to attend the access visit with her father. Kaylie was seen at OTMH and sent home." (Exhibit #9)

36While at Kingston Hospital, Kaylie was placed on intravenous fluids and numerous tests were conducted. A dietitian was consulted on February 29th, 2016, for an assessment of calorie needs and intake strategies. The recommended intake for Kaylie was 1255 kcal/day, 30-37.5 grams of protein/day and 1250 milliliters of fluids/day. Kaylie was given her home diet of pureed foods and 5 cans of Pediasure with fibre per day. Her electrolytes stabilized, and she was able to meet her daily nutritional intake requirements by the time she was discharged home to Meredith on March 4th, 2016, with Meredith's agreement that Kaylie would be seen by a pediatrician for ongoing care.

CIRCUMSTANCES OF THE OFFENCE

37At 5:27 p.m. on September 4th, 2017, police responded to 212 Kerr Street apartment 1010 Oakville, for a 9-year-old female who was absent of vital signs. Paramedics and the Oakville Fire Department were already on scene when police arrived.

38Kaylie was located on the floor in the living room in close proximity to one of the couches. She appeared to be very thin and emaciated and had a pale greyish skin tone. Paramedics and fire personal arrived on scene between 5:22 p.m. and 5:27 p.m. but did not perform CPR due to obvious signs of death.

39Kaylie was pronounced deceased by paramedics at 5:31 p.m.

40When the coroner Dr. Amin attended at 7:00 p.m., he indicated rigor mortis had already set in. Rigor mortis commonly sets in after 6 hours, however Dr. Amin indicated that given her size, Kaylie could have been deceased between 4 and 6 hours (placing time of death between 1:00 p.m. and 3:00 p.m. according to my calculations).

Post Mortem

41Kaylie was transported to Hamilton General Hospital for a post mortem examination which was conducted by Dr. Maxwell under the direction of Dr. Jane Turner on September 5th, 2017.

42According to the final autopsy report, the cause of death was determined to be complications of dehydration and malnutrition in the setting of cerebral palsy.

43At the time of her death, Kaylie weighed 31 pounds (14 kilograms) and had a lice infection. Records show that Kaylie had weighed 45 pounds on July 28, 2017, an indication that she had lost almost 1/3 of her body weight.

44Records were obtained from Darling Home, a Respite Care facility where Kaylie attended on various occasions between January 22nd, 2013 and August 6th, 2017.

45Kaylie's Respite Care detailed Kaylie's daily oral nutritional intake times and sustenance. During her stay, Kaylie was consuming a variety of pureed food, yogurt, pudding, ice cream, smoothies, soup, and Pediasure. She also consumed multivitamins, Restoralax and vitamin D drops. During 2016 and 2017, Kaylie was drinking approximately 3 cans of Pediasure a day.

46Darling Home last weighed Kaylie on July 28th, 2017 at 45 pounds.

47Kaylie also attended ErinoakKids Centre in Oakville for Respite Care between July 10th, 2017 and July 14th, 2017, as well as on August 14th, 2017 until August 18th, 2017.

I have concluded that August 18th, 2017, should have been the start of the offence date – total of 17 days through to September 4th, 2017.

48Kaylie's Respite Care in August detailed all of Kaylie's daily oral nutritional intake times and sustenance. During her stay, Kaylie was consuming a variety of pureed food, oatmeal, apple sauce, pudding, yogurt, apple juice, water and Pediasure. She was reportedly happy, seemed healthy and was well nourished. (Source – Agreed Statement of Facts filed on guilty plea)

49During the times Kaylie attended Respite Care at ErinoakKids Centre and Darling Homes, Meredith supplied the staff with all of Kaylie's clothing, medicine and Pediasure.

CAS Involvement/5 Cancelled Appointments During Relevant Time Period

50On August 3rd, 2017, Meredith was scheduled to meet with CAS worker Linda Brooks at Meredith's apartment. Meredith was not home when Ms. Brooks arrived. When reached by telephone, Meredith indicated that she was stuck in traffic. The visit was rescheduled for August 22nd.

51On August 22nd, Meredith cancelled Linda Brooks' home visit due to Erik having head lice. This visit was rescheduled to August 28th.

52On August 28th Meredith cancelled the home visit as Kaylie was reportedly sick and Meredith's ex-father-in-law had passed away the night prior. The visit was rescheduled for August 30th.

53On August 30th, Meredith called and left a message for Linda Brooks stating Kaylie and Meredith were both reportedly sick. Linda Brooks left Meredith another voicemail message indicating she wanted to see Meredith and the kids that week. She offered to meet Meredith the following afternoon and requested Meredith call her back.

54Meredith did not return the call. Linda Brooks went on vacation for three weeks commencing September 1st and on August 31st she noted in the CAS file that her next 30 day visit would be on October 6th, 2017. (The last home visit was June 26, 2017, which means that the next scheduled CAS visit would be over 3 months since the children were last physically seen by my calculations.)

55The CAS received a call from coroner Dr. Amin on September 5th, 2017 advising that Kaylie was deceased.

No Medical Appointments During Relevant Time Period (and Before)

56Commencing in March of 2016, Meredith was advised by the family physician Dr. Boxall, that Kaylie should visit a pediatrician, continue to attend ErinoakKids Centre and see Dr. Boxall every 3 months.

57Despite these recommendations, Kaylie's next and last visit to Dr. Boxall was on December 20th, 2016. Kaylie's weight at the time was 42.13 pounds.

58No pediatrician was arranged for Kaylie by Meredith.

59In her statement to police, Meredith stated that she could not remember the last time Kaylie had seen a doctor.

Days Prior to Death

60Tyson Ellis was with Meredith at his place smoking "a joint" when Kaylie was discovered dead.

61Tyson Ellis gave a statement to police. He said that about 4 days before, Meredith told him that Kaylie wasn't well at all. Kaylie was really sick and wasn't eating or drinking. Tyson told Meredith she should take her daughter to the hospital. Meredith told Tyson 'she'll come out of it; she always comes out of it.'

62Meredith told the coroner that Kaylie had been unwell and required syringe feedings.

63Meredith told police that Kaylie hadn't been eating any solids for a few days. She had been giving Kaylie Gatorade, water, and Pediasure which she was watering down. Meredith told police that she noticed that Kaylie had lost some weight based on how her diaper fit.

64Erik Lis-Lalonde is Meredith's then 10-year-old son.

65He was sleeping on the other couch in the living-room at the time Kaylie died.

66He told police Kaylie hadn't been feeling well and wasn't eating. His mom had said that she thought she should take her to the hospital.

Day of Death

67Investigation revealed that a friend of Meredith's, Barry Fochuk, had arrived at her apartment at approximately 3:00 p.m. at her request as she was going out for a couple of hours.

68He and Meredith were in the bedroom watching television while Kaylie and Erik were in the living room.

69"Fochuk reported to police that he came out to check on the kids at about 4:00 p.m."

I find this statement to be untrue given the results of the coroner's report as to time of death.

70Fochuk reported to police that Meredith left the residence at around 5:00 p.m. and attended her friend Tyson Ellis's house in Oakville leaving him to care for Kaylie and Erik. Kaylie was apparently sleeping at that time. Erik was in the living room, where Kaylie was.

I find this statement about Kaylie to be sleeping at the time to be untrue. The child was dead.

71Fochuk told police that at 5:13 p.m., he checked on Kaylie and noticed she wasn't breathing. He called Meredith on her cell phone. Meredith's friend Tyson then called 911 and took Meredith back to her apartment.

72Erik told police that he got up in the middle of the night last night and was up playing video games in the living room until 3:00 a.m.

73Kaylie was asleep on the couch beside him and he could tell she wasn't doing well. He could hear it in her.

74At approximately 3:00 a.m. he went to use the bathroom and his mom was up. He hadn't really eaten all day and ate left over Kraft dinner and got to bed around 4:00 a.m. on the couch in the living room. He awoke around 2:00 p.m. He saw that Kaylie was on the couch beside him watching TV. He did not pay any attention to Kaylie and closed his eyes and went back to sleep.

75Erik woke up just after 5:00 p.m. Kaylie was laying on the couch and he began to play his video games.

76Fochuk peeked his head out from the kitchen, said hi and said that his mother had gone down to the store and would be back any minute.

77Fochuk went to check on Kaylie. Fochuk started freaking out and was doing CPR.

78Tyson Ellis had been friends with Meredith for about 2 months. He told police the following:

"She came by here, we smoked a joint, we sat in the basement for maybe 20-25 minutes, she got a phone call from her friend Barry saying, "Your daughter's not breathing". She started freaking out, she said are you sure, I was just there and she was fine. They had a little bit of a conversation and she hung up. I said what's wrong? She said my daughter's not breathing. I said well then call the police! What's wrong with you? Why didn't Barry call 911? What's going on here? I'm calling the police now. So I called the police right away and told them her address. I had to ask her of course. They asked me a couple questions, like do you know how long, is she not breathing completely? Is her heart beating? All that kind of stuff. I didn't know anything, so I said this is the number to call Barry. Because paramedics want to talk to whoever's there. I said Meredith let's go! Let's get to your house. She was hysterical. I said I'll drive you, you don't have to worry, it's just down the road. So, we left, we drove over to her place…"

79Meredith told police that Kaylie had been sleeping on and off around lunch time. Kaylie's breathing seemed shallow when Meredith checked on her.

80Meredith told police that Kaylie moved her legs and adjusted herself between 3:00 p.m. and 5:00 p.m. Kaylie was lying on the couch on her back with her feet up at the time.

I find this statement to be untrue given the Coroner's report as to time of death.

CIRCUMSTANCES OF THE OFFENDER

81A very detailed Pre-Sentence Report was filed as Exhibit #1 at the sentencing hearing.

82Meredith Lis, aged 43 years, is the older of 2 children born to Ray and Susan Lis.

83Meredith described a childhood fraught with emotional abuse at the hands of her mother, whom she informs was narcissistic and given to bouts of depression and frequent rages.

84Her father worked as a butcher by day and spent many evenings at a local pub. Although kind to her, he was rarely home and did not protect her from her mother when he was at home.

85Ray Lis confirms this information and stated that his wife became jealous of their daughter and clearly favoured the younger brother. He attributes this to the mental instability of his wife, who he notes suffered from depression.

86Meredith believes that her father has looked to her over the years as his stand-in wife. Many of the responsibilities of running a home, liaising with her brother's legal issues over the years, and looking after her ailing mother fell to her.

87Meredith's eldest daughter Kristen offered a similar description of her grandfather's and mother's relationship.

88Kristen notes that her mother was called upon to be her mother's caretaker increasingly as her grandmother's Alzheimer's worsened.

89Meredith's friend, Cheryl Dziergas, stated that "Meredith was a mule – she always just kept taking the extra weight that was piled on top of her without complaining."

Meredith reported that she was kicked out of the house for the first time when she was 13 years of age. After this, she lived on and off at home, staying with the parents of the children she babysat when she had to leave the family home, until she finally left for good at 15.

90She began her first serious relationship at age 14 and became pregnant at 16. Her boyfriend was 10 years older than her. They were together until her daughter (Kristen) was almost 2 years old, just before Meredith's 18th birthday.

91Meredith found work at gas stations, as an industrial cleaner, at a fast food outlet, and then at age 21 found employment at a warehouse in Milton, where she worked for the next few years.

92While working at the warehouse, she purchased a townhouse in Milton where she lived for 5 years. During this time, she had a relationship with "Eddy" which she described as abusive noting he was charged with domestic assault against her.

93Soon after that relationship ended, she began a relationship with Mr. Lalonde. Meredith describes this on and off again relationship as being both verbally and physically abusive. It ended for good after Kaylie was born. Before that she could not keep up the payments on the townhouse and the bank repossessed it.

94Kristen described her mother's relationship with Mr. Lalonde as dysfunctional and abusive, stating that they broke up a number of times before the relationship ended.

95Kristen described the time surrounding her youngest sister's birth as a very stressful time for everyone in the family, due to the complications surrounding her sister's birth.

96Kristen recalled the times Mr. Lalonde was not living with them "was like he ceased to exist – he was totally out of the picture."

97As a result, she notes that her mother "was really a single parent" and relied on her heavily to help with the day to day demands of caring for her other children, including her special needs sister.

Ray Lis, Meredith's father, noted his daughter struggled with the weight of raising a severely disabled child on her own, but he assumed she was handling it "okay".

98Kristen remembers her youngest sister consuming her mother's attention over the next number of years, in addition to looking after the increasing needs of her mother, whose dementia was worsening. She noted, "Kaylie was my mom's world."

99Meredith's friend of 10 years, Cheryl, noted she could see her friend struggling to cope with the daily demands on her.

100Meredith's mother died in March of 2017.

By all accounts this was the start of what I will call Meredith's collapse.

101Meredith began increasingly to turn to illicit drugs to cope after the loss of her mother.

102Meredith remembers being in a "very bad place" around the time of her daughter's death, noting that Kaylie had just returned from a summer camp (ErinoakKids for respite care) "and was sick – all 3 of us were sick" (referring to Erik, Kaylie and herself).

POST – Fail to Provide the Necessaries of Life Circumstances

103Meredith moved out of her Kerr Street apartment following the death of her daughter, and into a motel, as it was too difficult to stay in the apartment.

104The CAS took custody of Erik shortly after Kaylie's death and a few months later, the court awarded custody of Erik to her eldest daughter Kristen. Counsel and Kristen advised that order is now permanent.

105The CAS noted that they have a lengthy file on Meredith as they have been involved with her off and on since 1992, after Kristen was born.

106Meredith began dating Toma Pavic shortly after Kaylie's death.

107Her plans upon release from custody are to resume a relationship with him and reside in Milton.

108Toma Pavic states the he dated/lived common law with Meredith for approximately a year prior to her going into custody. Despite spending a great deal of time with her, he denied being aware of any illicit substance abuse at all on the part of Meredith.

Since Mr. Pavic was also charged in the drug offences Meredith has pled guilty to, I find this statement to be completely false.

Substance Use/Addictions

109Meredith advised the author of the Pre-Sentence Report that she tried LSD as a teenager. She has used marijuana on a regular basis for many years. She acknowledged that other illicit drugs, including cocaine, have been a problem for her over the years.

110Meredith advised that after giving birth to her youngest, "Kaylie became my sobriety". She attended Hope Place as an out-patient, which she notes was enforced by the CAS. She also attended some counselling at Adapt.

111Meredith advised that she used cocaine "recreationally" prior to her mother's death, but following her mother's passing, her use of illicit drugs increased.

112After her daughter Kaylie died, she recalls "my life was out of control". In June of 2018, nine months after Kaylie died, and a month after she was charged with failing to provide the necessaries of life, she was arrested for possession of methamphetamines, heroin, cocaine and hydro-morphine.

113Meredith advised that after being incarcerated in November of 2018, she detoxed in custody, and has been placed on a methadone program. Meredith would like to access treatment.

Behaviour In-Custody

114Maria Cabral, Meredith's social worker at Vanier, noted that Meredith appears to act in the role of "mom" on the unit, and she believes that Meredith "takes on" other people's problems.

115Ms. Cabral advised that Meredith does see a psychiatrist at Vanier for medication but is presently on the wait list to see the institutional psychologist.

116Meredith has attended the following institutional programs: Change is a Choice; Skills for Better Living; Sharing the Burden; Chapel; Prison Fellowship, a 12-step program when it is available, as well as volunteering regularly as a server, a cleaner, laundry duties, and the clothing exchange. Ms. Cabral advised that despite keeping up this schedule, she has never heard Meredith complain about any of the jobs she has been asked to do, and she believes that Meredith may see herself as a "martyr". (Exhibit #1 on sentence, p. 7)

Character

117Meredith's father notes that he relied heavily on her to help him with caretaking responsibilities with his wife, but as she always seemed to cope without complaining, he wasn't overly concerned. He informs he recognizes now with the stress of having a special needs child, he should have been more aware she wasn't coping as well as he assumed.

118Both Meredith's father and her eldest daughter commented on the patience Meredith typically exhibited when tending to Kaylie, and their belief that she normally provided adequate care for her children. Both stated they were shocked when Meredith was charged with Failing to Provide the Necessaries of Life. "My sister was medically fragile", Kristen noted, stating "it seemed like Meredith was always taking her to the doctors".

119Meredith's father notes that for the last number of years, Meredith's peer group has been a concern. He also noted that Meredith can be "manipulative" at times.

No examples of this were given.

120Kristen advised that Meredith has a few long-term friends who she described as pro-social, but in the past few years she gravitated towards a more negative peer group.

121Neither Meredith's father nor her daughter could speak regarding the health of her present romantic relationship of 2 years.

Response to Community Supervision

122Meredith reported on a probation order from January 2004 to January 2005, after receiving a Conditional Discharge for a domestic assault on Mr. Lalonde. She attended counselling as directed and paid restitution in a timely manner.

123Although her reporting was noted to be somewhat sporadic, she was seen as a low risk to reoffend, and deemed a suitable candidate for future community supervision.

Pre-Sentence Report Assessment

124Meredith takes responsibility for the offences before the Court and presented as remorseful for the part she played in her daughter's death. She did not appear to minimize her offences or her culpability.

125Meredith did not have the benefit of a nurturing childhood, and all sources contacted for the report, including Meredith, offered that there are significant unresolved issues connected to her early years.

126Meredith appears to have had a solid work history throughout her twenties; however, this ended in her early thirties, which she attributes to staying at home to raise her children after her second youngest was born.

127Meredith was Kaylie's (born with Cerebral Palsy) primary caregiver, as well as providing caregiving support for her mother, who was diagnosed with Alzheimer's 10 years before she died in the spring of 2017. Most of those contacted for the preparation of the report described the subject as a hard worker who typically likes to keep busy.

128Meredith informs that she has been placed on a methadone program since being incarcerated but believes she would benefit from treatment for both substance abuse and unaddressed mental health and grief issues.

129Negative peers have been an issue for Meredith over the years. Both her father and her eldest daughter state they are supportive of Meredith and both recommend counselling for substance abuse and mental health problems.

Recommendations

130"Should the Court chose to impose a period of community supervision in addition to any other sentencing option, it appears that Meredith would be a good candidate. Conditions to report as directed, to attend treatment and/or counselling for substance abuse and mental health concerns, to sign any releases of information necessary to monitor compliance with any such conditions, and to abstain from all illicit substance use, would be helpful in supervising her in the community."

VICTIM IMPACT STATEMENTS

Exhibit #3 – Joint Statement of Lisa Lynn Lalonde and Philip Lalonde – written by Lisa (paternal Aunt and Uncle)

131This a pain-filled and angry 6-page statement that starts as follows: "This has affected my family and I in many ways. Not one of us can understand how a mother could be held accountable for the death of her own handicap[ped] child. There's just no answers other than pure evil."

132The Statement refers to the pain of having to arrange for Kaylie's funeral; how Meredith has manipulated the Justice System and the CAS since they first became involved in 1997; how everyone in the family is suffering emotionally.

133The Statement ends with the following: "Our family will get through this. We are a strong family. But this is not something anyone should go through in life. We are not born to deal with such tragedy. We all had to find coping skills…this has affected many people in many different ways."

Exhibit #4 – Statement of Ruth Lalonde (paternal grandmother)

134Grandma Ruth writes that Kaylie was their little angel and as she grew older, even with her disabilities, she became more beautiful in so many ways. She was a bright, interesting little girl who brought joy and laughter to their home…"Kaylie was our little butterfly so every time we see one we know that she is always there. Kaylie I miss you more today than yesterday but not as much as tomorrow".

Exhibit #5 – Photos and Video provided by Marty Lalonde (father)

135These images capture Kaylie having a wonderful time with her father on access visits.

OFFENDER'S STATEMENT TO THE COURT ON SENTENCING

136Meredith composed a formal statement to her daughter which she read in Court. In that statement, filled with love and remorse, Meredith states that she would trade places with her daughter if she could.

137Exhibit #6 – Character Reference Letters Filed on Behalf of Ms. Lis:

1. Letter from Brendan Lis (Meredith's younger brother)
2. Letter from Raymond Lis (Meredith's father)
3. Letter from Kristen Isnor (Meredith's eldest daughter)
4. Letter from Cheryl Dziegras (Meredith's friend)
5. Letter from Nicole Kmiecik (Meredith's friend)
6. Letter from Orest Szpyrka (Meredith's daughter's boyfriend)

138All of the above are tremendously supportive of Meredith and paint a completely different picture of the woman and mother described by the Lalonde family.

139The most complete letter is written by Kristen Isnor, Meredith's eldest daughter, and now custodial parent to Erik. I have reproduced that Letter here.

On September 04-2017 we lost my baby sister Kaylie Samantha Lis-Lalande far too early, now we are also losing our mom.

When our mom was pregnant with Kaylie she had placenta previa and as a result my mom delivered over 2 months early. Our mom nearly died giving birth due to the condition. Kaylie was born with the odds stacked against her, she had to fight for her life spending the first 3 months in the NICU luckily for Kaylie she had a warrior in her comer (our mom).

Kaylie had a beautiful life surrounded by her siblings Katelyn, Erik, Kristen (me) and our mom. Our mom took care of everything for Kaylie; speech therapist, music therapist, physio, Erin Oaks, genealogists, geneticists, wheelchairs, walkers, bath chairs and getting approval for Kaylie to stay in programs despite aging out. Our mom fought to keep Kaylie from being G-Tubed which meant she needed to puree all meals and ensure they were the right consistency or Kaylie would refuse it. Kaylie and our mom spent all day together (until school started) they were best friends Kaylie would light up at the sight of our mom. Our mom fought to make sure all of Kaylie's needs were met alone, minus myself & the Lis family. I was and remain my siblings second parent they have never been able to rely on Martin Lalande or his family. It had been 6+ months since anyone in the Lalande family had seen Kaylie or Erik prior to Kaylie's passing. I obtained full custody of my brother Erik earlier this year and Erik has been living with me since February 2018 full time through a CAS kinship.

When Kaylie was around 5 she was deemed medically fragile, she was always on her own growth curve being very long and thin and could get sick at the drop of a hat due to a weak immune system. On top of our mom taking care of Kaylie alone she also took care of my Nana for 12+ years who was diagnosed with early onset Dementia. My mom took her to all appointments, shopping, cleaned her laundry and helped her shower.

Our mom was kicked out at 13 and was forced to grow up quickly due to her moms own mental health struggles. At age 16 our mom gave birth to me and at age 21 she bought her first house on her own. Despite her early life our mom was always everyone in our families rock. Anything and everything that was ever asked of her she did even if it meant spreading herself to thin.

No matter what happened throughout our moms life she always put her children first, no matter what my siblings or I needed she always found a way to provide it. Not many people could raise 4 children (one with very special needs) almost entirely alone. While Marty weaved in and out of the children's lives coming and going as he pleased and causing issues every step of the way our mom never left and couldn't even imagine doing so. Every school play, concert, event, soccer game, swimming etc our mom was always there to cheer us on and encourage us.

Our mom volunteered within the school helping children who were struggling to read multiple days per week, she also supervised lunches and out door time. When volunteers were needed for class trips she would go because she was always willing to lend a helping hand.

In March 2017 our Nana (Mom's Mom) fell ill. My mom stayed at the nursing home with her holding her hand, washing her face, telling her she was loved and not alone until her last breath. The summer of 2017 Kaylie had a fun filled summer as always! Kaylie went to camp, attended Erik's soccer games (and cheered him on) Kaylie went to the park and swimming etc.

Unfortunately, due to Kaylie's conditions and being medically fragile she fell ill (like she had many times before) she refused food and liquids (like many times before) making helping her all the more difficult. Kaylie was always quick to fall ill and then lose weight, but she had always bounced back.

This whole situation has humbled me, everyone always says "grab your pitch forks" or "let em rot" when they hear stories like this until it's their family that is affected. Our mom was Kaylie's greatest & only advocate it's almost impossible to believe that this happened during her care, but it did and it is something we will all live with the rest of our lives especially our mom. Not only have we lost our baby sister but now our mom is gone too. My siblings are still minors 12&17 and both not only want our mom back but they need our mom back.

We understand actions have consequences and our mom must serve time but we are hoping, praying and wishing that she will be home with us sooner rather then later.

Thank you,

Kristen Isnor

POSITION OF THE PARTIES

Federal Crown Position

140Mr. Kraska submits that Ms. Lis should receive a total sentence of 60 days on the 2 drug offences, less time already served in custody, but consecutive to any other sentence she would be serving.

141The Federal Crown submits that possession of heroin (0.2 grams in this case) and meth (3 grams in this case) are both highly addictive substances that call for both specific and general deterrence given the current fentanyl crisis in Canada.

142The Federal Crown submits that given the contents of the PSR, Ms. Lis has been aware of her addictions issues for some time and must address these issues following her release from custody on a probation order that requires her to take counselling as directed and sign releases for monitoring.

Provincial Crown's Position

143Ms. MacKenzie seeks a sentence on the Failing to Provide the Necessaries of Life count near the upper range of the 5-year maximum sentence.

144The Provincial Crown submits that Kaylie was a highly vulnerable victim who did not receive the nourishment, nutrition or medical care to sustain her life.

145The Provincial Crown submits that this is a worst-case scenario and asks the Court to impose a 4-year custodial term minus the pre-trial custody already served.

146The Provincial Crown is agreeing to enhanced credit for pre-trial custody already served (211 days as of June 12/19) from the standard rate of 1.5 to 1.73 to equal one year of custody as of that date. (I will deal with this in another section of this judgment.)

147The Provincial Crown submits that the Mitigating Factors are as follows:

1. Ms. Lis pled guilty sparing Erik and other family members from having to testify;
2. The PSR describes Ms. Lis' difficult life circumstances having to care for her own ill mother and her disabled daughter;
3. Ms. Lis has participated in the programming available to her at Vanier.

148The Provincial Crown submits that the Aggravating Factors are as follows:

1. This is a significant breach of trust offence and engages factors set out s. 718 and 718.2 of the Criminal Code;
2. Like an infant, Kaylie was totally dependent on Ms. Lis for her care;
3. The offence was not a one-time mistake – it occurred over a period of time;*
4. Ms. Lis failed to follow the recommendations following Kaylie's hospitalization in 2016 – she did not follow up on the medical care recommended;
5. Kaylie lost 31% of her body weight in a short period of time which caused her to suffer a horrible and unnecessary death;
6. Ms. Lis left Kaylie the day she died not even realizing that her child was already dead;
7. She left Kaylie that day to go smoke pot.

*Note – The offence date specifies the relevant time period is between July 28th, 2017, and the 4th day of September, 2017. Meredith Lis is not being sentenced for Failing to Provide the Necessaries of Life for the 9 years of Kaylie's life.

149The Provincial Crown submits that general deterrence and denunciation are the primary sentencing factors in this case.

150The Provincial Crown referred to a number of cases in their submissions which set out general sentencing principles while acknowledging that no case is on all fours with this one, and no case is binding upon me.

151The cases referred to were the following: R. v. McDonald, [2013] SJ No. 193 (Sask. CA); R. v. Lovett, [2017] AJ No. 1234 (Alta. QB); R. v. A.N. [2016] BCJ No. 1660 (BC Prov. Ct.); R. v. S.H. 2015 ONSC 2050, [2015] OJ No. 1862 (Ont. SCJ).

152The Provincial Crown submits that 5 days of custody should be applied to the Fail to Appear count, which was a set date court appearance.

153The Provincial Crown requests that a secondary DNA Order be made.

Defence Position

154Ms. Lawson submits that the 4-year sentence sought by the Provincial Crown is well above the range in the circumstances of this tragic offence.

155The Defence provided 3 more cases as follows: R. v. S.D., [2017] O.J. No. 341; R. v. M.D., [2013] O.J. No. 5179; R. v. A.P., [2013] O.J. No. 5566.

156The Defence submits that in all of the 7 cases referred to the Court, the range of sentence is 12 months to 3 years.

157The Defence provided the following chart in their material:

Case	Charges(s)	Plea	Sentence Imposed	Where Located
1	R. v. M.D.	Fail to provide necessaries of life, Criminal negligence cause bodily harm	Guilty Plea	12 months jail
2	R. v. A.P.	Fail to provide necessaries of life	Guilty Plea	12 months jail
3	R. v. A.N.	Fail to provide necessaries of life	Guilty Plea	12 months jail and 2 years' probation
4	R. v. S.H.	Manslaughter by failing to provide necessaries of life	Not Guilty Convicted after trial	2 ½ years
5	R. v. McDonald	Criminal negligence causing death	Guilty Plea	3 years
6	R. v. S.D.	Fail to provide necessaries of life	Not Guilty Convicted after trial	3 years
7	R. v. Lovett	Criminal negligence causing death	Not Guilty Convicted after trial	3 years

158The Defence submits that Ms. Lis is a 43-year-old with no prior criminal record. She has pled guilty and acknowledges the gravity of the offence by failing to obtain medical attention for her medically fragile daughter. The Defence acknowledges that this offence involved a high level of moral culpability.

159The Defence highlighted portions of the PSR with respect to Ms. Lis' difficult background.

I have already included this information in other parts of this judgment.

160The Defence submits that Ms. Lis told both Kaylie's school and the CAS in June of 2017 that she was struggling.

161The Defence submits that Ms. Lis did not set out to harm Kaylie. Ms. Lis was over-whelmed and became unable to care for herself.

162Ms. Lis will live with the guilt and loss of Kaylie for the rest of her life.

163The Defence submits that the Court must consider proportionality in imposing the sentence as discussed at paragraphs 43 through to 45 in R. v. A.N. (supra).

164After high-lighting contents of the PSR and the Character Reference Letters the Defence submits that a total sentence of 2 and ½ years (30 months), minus enhanced time for pre-trial custody, is appropriate in these circumstances, followed by 3 years of probation with counselling requirements.

SENTENCING PRINCIPLES – Criminal Code of Canada

165Section 718 The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

• (a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;
• (b) to deter the offender and other persons from committing offences;
• (c) to separate offenders from society, where necessary;
• (d) to assist in rehabilitating offenders;
• (e) to provide reparations for harm done to victims or to the community; and
• (f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community.

Section 718.01 When a court imposes a sentence for an offence that involved the abuse of a person under the age of eighteen years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct.

Section 718.1 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

Section 718.2 A court that imposes a sentence shall also take into consideration the following principles:

• (a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,
  • (ii.1) evidence that the offender, in committing the offence, abused a person under the age of eighteen years,
  • (iii) evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim,
  • (iii.1) evidence that the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health and financial situation,
• (b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances;
• (c) where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh;
• (d) an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances; and
• (e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.

ENHANCED PRE-SENTENCE CUSTODY CREDIT

166As of June 12, 2019, when the sentencing submissions were heard, Ms. Lis had served 211 of actual pre-trial custody, which when enhanced by the standard 1.5, equals 10.5 months of custody.

167The Provincial Crown agreed that given the material provided to the Court by Ms. Lis and the Vanier Centre for Women, that time should be enhanced by 1.73% to equal one year of custody as of that date.

168The Defence filed an Affidavit of Meredith Lis, dated June 10, 2019 which was marked as Exhibit #8.

169The Defence also filed material prepared by Bruce McNall, Security/Investigations at the Vanier Centre for Women dated June 11, 2019 which was marked as Exhibit #7.

170The Crown did not cross-examine on this material and took no issue with the accuracy of the information contained therein.

171Vanier reports that between November 15, 2018, through to June 11, 2019, Ms. Lis was subject to 71 hours of full lockdown time due to security issues and staffing shortage in the institution.

172There are no misconducts or other negative remarks, comments or reports in Ms. Lis' file.

173In her Affidavit, Ms. Lis reports that during her time in custody she spent time in segregation, followed by the rest of her time in protective custody. Other than the time she spent in segregation, she remained in protective custody the entire time as the correctional officers advised her that they felt it would be a risk to her personal safety to move her to a general population range.

174In her Affidavit Ms. Lis describes all the hardships of her pre-trial custody which include no access to shower, clean clothes, natural light or fresh air, telephone or visits, including her lawyer, medications and counselling programs.

175She has been bullied by other inmates while in custody. Due to her isolation her anxiety and depression issues have become much worse.

176The Defence referred to 4 cases dealing with enhanced pre-trial custody as follows: R. v. Duncan, 2016 ONCA 754, [2016] O.J. No. 5255; R. v. Jama, 2018 ONSC 1252, [2018] O.J. No. 1130; R. v. Crawford, 2018 ONSC 7582, [2018] O.J. No. 6697; R. v. Dorphelus, [2019] O.J. No. 338.

177I brought to the attention of both counsel a decision just reported in the Toronto Star newspaper that very day with respect to Tal Singh Fermah where Justice Anne Molloy of the Ontario Superior Court of Justice had reduced a man's seven-year sentence for drug trafficking and gun possession to time served because of his treatment inside the Toronto South Detention Centre. Justice Molloy's written reasons were pending.

178This same Toronto Star article refers to other cases where Judges have awarded enhanced credit for pre-trial custody where prisoners are subject to frequent lock-downs which keep them confined to their cell, unable to use the phones and have visitors, including their own lawyer.

Today's Actual Pre-Trial Custody Days

179Ms. Lis had served 211 days of PTC as of June 12, 2019.

180As of today, she has acquired another 65 days, for a total of 276 days.

181Enhanced at the standard 1.5 rate, her credit would be 414 days which is approximately 14 months.

Enhanced Credit

182Because of the impacts of the pre-trial custody conditions she has served due to segregation, protective custody and lock-downs as set out in the evidence before the Court, Ms. Lis is entitled to enhanced PTC credit.

183Considering the case law, I have determined that Ms. Lis will be given 3 months credit, for a total time served of 17 months.

MITIGATING FACTORS

[184]

a) Ms. Lis has no prior record at 43 years of age;

b) She pled guilty sparing Erik and other family members from testifying;

c) Ms. Lis has had difficult life-circumstances and she took on the role of caring for own mother who suffered from mental instability and Alzheimer's disease, at the same time as caring for Kaylie who required constant care;

d) Ms. Lis has participated in all programming available to her in Vanier;

e) Ms. Lis is extremely remorseful and wants to participate in all recommended counselling upon her release;

f) Ms. Lis has strong family support from the Lis family and pro-social friends in the community.

AGGRAVATING FACTORS

[185]

a) This is a significant breach of trust offence and engages the sentencing factors set out s. 718 and 718.2 of the Criminal Code;

b) Kaylie was born medically fragile and was totally dependent on her mother's care;

c) The period of time of Meredith's total 'collapse' in caring for Kaylie was 17 days;

d) Ms. Lis did not take Kaylie to the doctor as she had been recommended to do;

e) Kaylie lost a substantial amount of her tiny weight over several weeks and had stopped eating and drinking causing her to suffer death by malnutrition and dehydration in the setting of Cerebral Palsy;

f) Ms. Lis left Kaylie on the day she died not even realizing that her child was already dead;

g) She left Kaylie that day to smoke drugs.

OTHER FACTORS

186The CAS was to see Kaylie at least every 30 days before she died. The worker's last visit to her home was June 26th, 2017.

187Despite knowing Kaylie's medically fragile condition, and being told directly by Meredith and Kaylie's school, that Meredith was struggling, the CAS worker allowed Meredith to cancel 5 appointments.

188These cancelled visits should have been alert signs that all was not going well with Meredith and Kaylie. On 2 occasions Meredith cancelled, reporting that Kaylie was sick. What more information could the CAS have possibly needed to take action in this obvious crisis?

189The CAS had the responsibility to see Kaylie. They had the authority to apprehend her and take her to hospital for medical care if required. They failed to act upon their mandate in this tragic case.

190As noted throughout this judgment, the condition Kaylie returned after her 4-day Respite Care at ErinoakKids Centre on August 18, 2017 concerns me. They report that Kaylie was eating well and happy during her stay there.

191According to the discharge report from ErinoakKids Centre, Kaylie returned home on August 18th, 2017, having eaten well and being happy at her respite Camp. According to Meredith and Erik, Kaylie returned home from this camp unwell and with lice. Soon after Erik contracted lice and all 3 of them were unwell. The period of time from Kaylie's return from ErinoakKids and her death was 17 days by my calculation.

SYNTHESIS

192This case is a pure tragedy all around. There are no black or white lines as various family members have tried to portray. There is only dense grey smoke.

193Clearly a message needs to be sent by the Court to the community that those responsible for the care of vulnerable persons cannot just hide in plain sight, as Meredith did, nor collapse within oneself, as Meredith did, without calling out for help.

194The most significant aggravating factor in this case is Meredith's collapse to the point that she could no longer see if Kaylie was alive or dead.

195I have found as fact based on the evidence that Kaylie was already dead when Meredith left the apartment at 5 pm to smoke drugs with a friend.

SENTENCES

196Considering both the mitigating, aggravating and other factors that have been presented at this hearing, this is not a case to impose a sentence of 4 years as submitted by the Crown. This is not a worst-case offender even though the victim was the most fragile of victims. Kaylie had been sick for most of her life. Meredith took good care of her for most of her life. The total failure period as I calculate it to be is 17 days out of this child's nine years.

197A total sentence of 2 and ½ years (30 months) as proposed by the Defence. I find this position to be high in all the circumstances of this tragedy.

198Given that Meredith Lis has enhanced credit for pre-trial custody of 17 months her sentence will be one of time-served. I have considered the totality principle of sentencing in my final decision.

199Meredith Lis shall be sentenced to 1 day (with credit for pre-trial custody of 17 months) on the Failure to Provide the Necessaries of Life Count. A secondary DNA Order is made. Three years of Probation will follow this sentence.

200On the 2 CDSA Counts the sentence is 1 day on each count concurrent.

201On the Fail to Appear charge, there will be a concurrent sentence of 1 day.

All remaining Counts and Information's are withdrawn at the request of the Crowns.

PROBATION ORDER

202For 3 years, Ms. Lis will report to a probation officer as directed;

203Reside at an address approved of by the probation officer;

204Take and complete all recommended counselling/treatment which will include but not be limited to substance abuse, mental health and grief counselling;

205Sign releases so that counselling/treatment can be monitored;

206Not possess or consume non-medically prescribed illegal drugs;

207Have no contact directly or indirectly with Barry Fochuk, Tyson Ellis; Toma Pavic, or anyone else as directed by your probation officer;

208Keep the Peace and be of Good Behaviour.