ONTARIO COURT OF JUSTICE
NEWMARKET
BETWEEN:
HIS MAJESTY THE KING
— AND —
KELVANO K’VAUGHAN WALKES
SENTENCING
Heard and Delivered: March 30, 2026
Ms. Ramandeep Gill .............................................................................. counsel for the Crown Ms. Latoya Graham ........................................................................................ for the defendant
KENKEL J.:
Introduction
1Mr. Walkes pleaded guilty at trial to Uttering a Threat to Cause Death contrary to s 264.1 of the Criminal Code. He brought forward another information and pleaded guilty to Assault contrary to s 266.
2The Crown submits that the court should impose a suspended sentence on the threatening charge, and five months jail on the assault charge, both to be followed by probation. The defence submits that a conditional discharge would meet the purpose and principles of sentence on the threatening charge and they join with the Crown's submission on the assault.
Threatening Death – Hate Motivated
3After seeing the complainant in a store in Aurora, Mr. Walkes said, "Boy don't make be blow off your head". He then followed the victim in his vehicle to further intimidate him. There had been no argument or altercation. The victim did nothing wrong. Mr. Walkes threatened and intimidated him solely because he knew the complainant is homosexual.
4The defence submissions focused on the fact that Mr. Walkes is a first offender, and that he entered a guilty plea when arraigned on his trial date. He is a refugee claimant from the Bahamas and the defendant says he may suffer collateral consequences if a finding of guilt is registered on this count.
5Even considering the mitigating factors and the accused's circumstance as a refugee applicant, the proposed discharge does not address the central principles of sentencing in this case.
6The primary purpose of sentencing on this count is to protect the complainant and others who are subject to threats of death and intimidation because of their sexual orientation, race or religion. The fact that this offence was motivated by hatred based on sexual orientation is a strong aggravating factor - s 718.2(a)(i).
7There is a plain need for specific deterrence. There is also a need for general deterrence and denunciation. Our community demands that people of all backgrounds be free to go about their lives without threats of violence or intimidation.
8I agree with the Crown that the public interest requires a conviction. While other sentences may have applied after trial, I find a suspended sentence is not unfit.
Domestic Assault
9A neighbour called police after hearing screaming, crying and a female voice saying, "Stop, you are hurting me". Police investigated and found the complainant who was 17 years old at the time and the mother of Mr. Walkes' child.
10The officers noticed her lips were red, the upper lip looked swollen and there appeared to be dried blood on the bottom lip. She had redness on her knuckles, red marks on both forearms and a small cut on her right shin. Their 5-week-old son was in the apartment at the time.
11Another neighbour saw Mr. Walkes grab the complainant by the back of her neck and shove her to the ground. Video from the upstairs unit marked as Exhibit 2 on sentence showed the accused in a physical altercation with the victim outdoors. The complainant said on the video that she's scared and she doesn't want to die. Mr. Walkes was angry and threatening. He confined her when she tried to leave. She repeatedly refused to go inside but he dragged her towards the house. The accused yelled at neighbours who were watching and the victim asked them not to call the police.
12When the police arrived both the complainant and the accused told them there was no physical violence and they both explained away visible injuries. Later though the complainant attended the police station by herself and gave a sworn video statement saying that she had been assaulted by the accused. The Crown relied upon the two video clips that showed an altercation in the back of the home as being the assault sentenced on this count.
13The aggravating factors are the use of violence in the domestic context s 718.2(a)(ii), the abuse of a person under 18 years s 718.01, 718.2(a)(ii.1), the presence of an infant in the home at the time, the evidence of the significant impact of the offence on the victim s 718.2(a)(iii.1).
14The mitigating factors on this count are the plea of guilt before trial, the lack of a prior record, and the fact that he is a youthful offender.
15The Crown and defence jointly seek a sentence of 5 months custody followed by probation for 18 months with ancillary orders.
16There is a need for specific deterrence, denunciation of the conduct and a need to deter others from domestic violence. I agree with Ms. Graham that the sentence must not be inconsistent with rehabilitation and must reflect restraint - the minimum custodial sentence required to be proportionate to the offence and the degree of responsibility of this offender.
17On the assault charge I take into account 101 days time served in pre-trial custody. Applying the statutory credit (101 x 1.5) results in time served of 152 days or 5 months.
18On both counts I will suspend the passing of sentence and place Mr. Walkes on probation for 18 months. In addition to the statutory terms he will comply with the following conditions:
Report to probation by phone within 48 hours of release and thereafter as required
Have no contact with the complainant on the 264.1 charge
Not to attend within 100m of any known place of residence, education or employment of the complainant on the 264.1 charge
Have no contact with (the girlfriend) except pursuant to a Family Court order or Separation Agreement made after today's date or except through a mutually agreeable third party for the purpose of child support and access.
Have no contact directly or indirectly with (the child) except pursuant to a Family Court order or Separation Agreement made after today's date or except through a mutually agreeable third party for the purpose of child support and access
Do not attend within 100m of any place of residence, employment or education of (the girlfriend or the child) except pursuant to a Family Court Order or Separation agreement made after today's date
Not possess any weapons as defined by the CC
Take counselling for domestic violence pursuant to the PARS program or as directed by probation and sign any releases necessary for probation to monitor that counselling.
Take counselling regarding homophobia as directed by probation and sign any releases necessary for probation to monitor that counselling.
19I find that it would not be safe to add an exception for the domestic complainant to provide written revocable consent to the no contact and not attend orders at this time.
20The maximum term of a 110 order where violence was used against the person's intimate partner is life - s 110(2.1)(a). Given the assault against his intimate partner, and the uttering of a death threat and intimidation motivated by hatred based on gender identity, I find it necessary for public safety to prohibit Mr. Walkes from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance for 10 years. The hate-motivated s 264.1 offence also requires a 10-year order which would be the maximum term on that count.
21Uttering Threats and Assault are both Secondary DNA offences. Considering the aggravating features of these offences and the minimal intrusion on Mr. Walkes' personal privacy with the protections in the databank provisions, I find it necessary in the public interest to order on both counts that he provide a sample of his DNA for registration on the national databank.
Delivered: March 30, 2026.
Justice Joseph F. Kenkel