Court File and Parties

ONTARIO COURT OF JUSTICE DATE: 2024 01 30 COURT FILE No.: 22-40003616 Toronto Region

BETWEEN:

HIS MAJESTY THE KING

— AND —

Eric James DALTON

Before: Justice Cidalia C. G. Faria

Heard: January 30, 2024 Reasons for Sentence released: January 30, 2024

Counsel: Anneke Ingvaldsen, counsel for the Crown The defendant Eric DALTON, on his own behalf

Faria J.:

Overview

[1] I found Eric Dalton guilty of assault on December 7, 2023, after a trial. Sentencing was adjourned to obtain a Pre-Sentence Report as Mr. Dalton represented himself.

Facts

[2] On August 4, 2022, after dinner, the victim, Ms. Di Huang was trying to put their toddler to bed. The child was crying, and she was unsuccessful. She asked Mr. Dalton who was in the backyard for help. He came in and went into the child’s room.

[3] Shortly thereafter, Mr. Dalton banged on Ms. Huang’s locked door. She opened the door. Mr. Dalton proceeded to yell at her so emphatically that he was spitting in her face. He then pushed her with both hands on the shoulders and she had to step back. She said she would call the police, he said “go ahead” pushed her aside and walked away. Ms. Huang had her cell phone in her hand and called the police. When police arrived, Ms. Huang first tried to conceal what happened because she was afraid of Mr. Dalton, and the consequences to her and their son if he got angry, but ultimately reported to police Mr. Dalton pushed her.

Mr. Dalton’s Circumstances

[4] Mr. Dalton just turned 36 years old. Pursuant to a Pre-Sentence Report [1], he grew up poor, with an unstable family that moved around lot. His biological father left the family when he was young, and though they re-united when Mr. Dalton was 18, his father then passed away a few years later. His stepfather was abusive. His mother had a mental illness and may have had a drug addiction. Mr. Dalton became a Crown ward at the age of 14 and remained so until he was 19 years old. He is close to neither his mother nor stepfather.

[5] Mr. Dalton had a good high school experience, then took an electrician program and some business courses. He worked for an automotive manufacturer for seven years and then started his own landscaping and carpentry business with one employee. His brother, two of his friends and his employee spoke well of him.

[6] Mr. Dalton is single with one son, who he shares with the victim. His son has been diagnosed with autism, and he currently sees him at an access Centre. He described his relationship with Ms. Huang as a predominantly sexual one. He moved in with her and her mother when their son was born. He reports he is a hard worker who deals with stress and anger by setting a goal and working to achieve it. The victim reported he is charming but has an anger problem as he is intimidating and has been known to throw things when he drinks.

[7] Mr. Dalton reports he drinks about 12 beers a week, uses marijuana to relax and sleep, though not when he is with his son, and has no challenges with either substance.

Impact on Victim

[8] Filed as an exhibit was Ms. Huang’s Victim Impact Statement [2].

[9] Before her relationship with Mr. Dalton, Ms. Huang writes she was a different person. She was hopeful, driven, and passionate. The assault was a turning point in her life with significant emotional, psychological, and economic impact.

[10] She perceives she is seen as a bad mother because of the dissolution of her nuclear family, feels she brought shame to her family, and is a distracted employee. She experiences flashbacks. The assault, the arrest and subsequent events had a life-changing impact. She is paranoid and provides examples of being terrified at home after seeing a vehicle similar to that of Mr. Dalton’s. She describes the trauma as “deep”. She has had to re-tell the events to numerous organizations and agencies. She has nightmares, anxiety, depression, and panic attacks. She does not feel safe and lives in fear as she feels Mr. Dalton is still angry with her and is trying to blame her. She fears for her son and the impact this event has had on him. She has and does receive mental health treatment.

[11] The economic impact has also been sizable. She sent money to Mr. Dalton after the arrest for accommodation, has received inconsistent child support, and had to hire an electrician to rewire the power as Mr. Dalton had structured their home for his crypto business and the work needed to be undone. The stress she experienced led to taking sick days and having to quit her job.

Position of the Parties

[12] The Crown recommends a Conditional Discharge and Probation with terms as Mr. Dalton has no criminal record, though he has no remorse or insight.

[13] Mr. Dalton maintains his innocence.

Legal Principles & Analysis

[14] The foundational sentencing principle is proportionality. The sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender (s.718.1 of the Criminal Code).

[15] The purpose of sentencing is to denounce unlawful conduct, deter the offender and others, separate offenders from society if required, assist in an offender’s rehabilitation, make reparations for the harm done and promote a sense of responsibility in the offender (s.718).

[16] I must also consider aggravating and mitigating factors (718.2).

[17] In this case, the assault was perpetuated on an intimate partner, which is statutorily aggravating pursuant to s. 718.2(a)(ii).

[18] In addition, it was committed in the victim’s own home where she should feel safe.

[19] The offence was also committed in a relationship of fear. Ms. Huang had her cell phone “just in case”, she was afraid to be in a room without an exit, she lied to the police to avoid Mr. Dalton getting angry with her as she was afraid of the repercussions to her and her son. This fear, that can be described as terror, was self-evident during Ms. Huang’s testimony.

[20] Her Victim Impact Statement is a potent and compelling articulation of the breadth, depth, and longevity of the impact of intimate partner violence on her.

[21] Ms. Huang’s experience of intimate partner violence at the hands of Mr. Dalton is, unfortunately, not unusual. Her vivid description at trial of Mr. Dalton towering over her and screaming at her as his spit hit her face, and pushed her, then his complete disregard of her assertion she would call the police with the physical act of pushing her aside is compelling evidence of the offence’s context in an intimate relationship. Sometimes a push can be minimized on the continuum of violence if context is not accounted for. This is not such a case. The context of fear here is relevant to ascertain the gravity of the offence.

[22] However, the Crown is recommending a Conditional Discharge. Mr. Dalton is eligible for this sanction. Such a sanction is in his best interest, and it must not be contrary to the public interest.

[23] Given the offence was committed on an intimate partner, in a relationship of fear, in the sanctity of the family home, coupled with the lack of insight as to the impact of his conduct, and the long-term impact of the offence, a Conditional Discharge is a lenient sentence.

[24] To be clear, Mr. Dalton is entitled to a trial, and entitled to claim his innocence, and entitled, as he has advised me repeatedly, to appeal my decision. This is not, as the Crown submits, to be noted as a lack of remorse and is not aggravating.

[25] The issue is that Mr. Dalton seems unable or unwilling to reflect on his relationship with Ms. Huang and her experience. By his own submission, he spent 7 months after his arrest “wanting to go home”. At no point does Mr. Dalton either in his submissions or the PSR acknowledge the existence of Ms. Huang as a person. His only reference to her is that their “relationship was mainly about sex”.

[26] Mr. Dalton has no criminal record. He has supportive friends, owns his own company with an employee and is working towards positive goals.

[27] Mr. Dalton’s hard-working approach to life, and his ability to learn and succeed given his challenging background, as well as his repeated professions of love for his son, does provide some hope that with effort, and counselling, Mr. Dalton will come to realize, accept, and change his intimidating behaviour, if for nothing else, the sake of his son. The research is clear that intimate partner violence in the family negatively impacts the children in the family. If Mr. Dalton focuses on becoming a better father, as he says he wants to be, then his rehabilitation prospects may be positive.

[28] Mr. Dalton is not able to “repair” the harm done to Ms. Huang, but perhaps by volunteering in the community, he can give back in some way.

Sentence

[29] Mr. Dalton, I will note 1 day pre-sentence custody enhanced to 2 days. I sentence you to a Conditional Discharge and a period of probation for 3 years with terms as follows:

• Report today in person to a Probation Officer and thereafter as directed.
• Reside where approved of by a Probation Officer.
• Have no contact directly or indirectly with Di Huang, except in writing through AppClose, or legal counsel for the purpose of Family Court proceedings involving your mutual child.
• Stay 200m away from where Di Huang lives, works, goes to school, worships, volunteers, or you know her to be, except in the presence of legal representation for family court proceedings.
• You shall not possess any weapons as defined by the Criminal Code.
• Provide financial support for your son monthly pursuant to a Family Court Order and per s.732.1 (f) of the Criminal Code.
• Attend counselling as directed by the Probation Officer, including:
  • Attend and complete the Partner Abuse Response program for domestic violence.
  • Attend and complete the Caring Dads program and any other parenting program recommended by the Probation Officer
  • Attend and complete anger management counselling.
• Complete 75 hours of community service within the first 18 months of probation.

[30] I also make the following ancillary orders:

• A Firearms Prohibition Order for 10 years pursuant to s.110.
• A DNA Order pursuant to s.487.04 as assault is a designated secondary offence.
• Pay the victim fine surcharge of $100 within 6 months.

Released: January 30, 2024 Signed: Justice Cidalia C.G. Faria

[1] Exhibit 1: Pre-Sentence Report, Eric Dalton, January 26, 2024, author Susan Mensah. [2] Exhibit 2: Victim Impact Statement, Di Huang, January 9, 2024. Reference to child being present at time of offence disregarded, as he was in the next room. Paragraph describing Ms. Huang’s perceptions of Mr. Dalton during the family court process is disregarded.