Court File and Parties

Ontario Court of Justice Date: 2024 09 17 Court File No.: Halton 998 23 12103241

Between: His Majesty the King — And — Wilchina Casseus

Before: Justice Scott Latimer

Heard on: September 17, 2024

Reasons for Decision RE: Order made under section 723 of the Criminal Code

Latimer J.:

[1] This matter appeared in court for a guilty plea with a joint recommendation. It was a virtual proceeding, as Ms. Casseus resides in Quebec. She pleaded guilty and admitted responsibility in a joint venture that involved the attempted theft of a motor vehicle from a driveway in Halton Region. Crown and defence have recommended a suspended sentence with a period of probation of eighteen months.

[2] As expressed to the lawyers in court, I am concerned that the proposed sentence inadequately addresses the ongoing epidemic of motor vehicle theft in our Region and elsewhere in Southern Ontario. I am concerned that accepting this submission would “lead reasonable and informed persons, aware of all of the relevant circumstances, including the importance of promoting certainty in resolution discussions, to believe that the proper functioning of the justice system has broken down”: R v. Anthony-Cook, 2016 SCC 43, [2016] 2 SCR 204, at para. 34.

[3] I have advised the parties of my knowledge of the prevalence of this particular crime, which arises from presiding in our local criminal court and, quite frankly, being a citizen of this community. It is impossible to either live or work in Halton Region and not appreciate the enormity of the auto theft problem. This is not a determinative consideration on sentence, but it is a relevant one: see R v. Lacasse, 2015 SCC 64, [2015] 3 SCR 1089, at para. 90.

[4] Having provided notice of my concerns to the parties, I conclude that the limited offence-related information provided to me on this plea is insufficient to determine whether the proposed sentence is not contrary to the public interest and would not bring the administration of justice into disrepute. Therefore, pursuant to section 723 of the Criminal Code, I order as follows:

The Halton Crown Attorney’s Office is to produce evidence to the court regarding the prevalence of auto theft in Halton Region. As a non-exhaustive example, statistical information regarding the number of vehicles reported as stolen in 2023.

[5] This sentencing hearing will continue on October 29, 2024. Both parties are encouraged to provide any further information or caselaw that would support the current joint recommendation. The Crown should also canvass with the homeowner regarding a victim impact statement.

Released: September 17, 2024 Justice Scott Latimer