Court of Appeal for Ontario

Date: 2025-06-12
Docket: COA-25-CR-0090

Before:
Michael Tulloch C.J.O., John C. MacPherson J.A., Lorne Sossin J.A.

Between:
His Majesty the King (Respondent)
and
Paul Paquette (Appellant)

Appearances:
Michael J.N. Haraschuk, for the appellant
Adrianna Mills, for the respondent

Heard and released orally: 2025-06-05

On appeal from the sentence imposed on December 5, 2024 by Justice Graham Jenner of the Ontario Court of Justice (Indigenous Peoples’ Court).

Reasons for Decision

[1] This appeal concerns a sentence imposed on the appellant, who had pled guilty to uttering threats and assault with a weapon, which exceeded the joint sentencing recommendation of the appellant and the Crown. The respondent concedes that this sentence appeal should be allowed. The sentencing judge acknowledged that the joint submission, while low, was within or at least close to the appropriate sentence range but, notwithstanding this, he jumped the joint submission. The governing case law – and, in particular, R. v. Anthony-Cook, 2016 SCC 43 – makes clear that a joint submission within or close to the appropriate range cannot bring the administration of justice into disrepute, and should generally be followed.

[2] On this basis, we allow the appeal. The sentence imposed by the sentencing judge is set aside and substituted by the sentence recommended in the joint submission, which was 12 months (consisting of 6 months of house arrest and 6 months of curfew), followed by a period of 18 months’ probation.

Michael Tulloch C.J.O.
John C. MacPherson J.A.
Lorne Sossin J.A.