ONTARIO COURT OF JUSTICE
DATE: 2025-05-27
COURT FILE No.: Sudbury 4011-998-23-40103002-02
BETWEEN:
His Majesty the King
— AND —
Ransom Dashner
Before Justice Leonard Kim
Heard on April 24, 2025
Reasons for Sentencing released on May 27, 2025
Ms. A. Jay — counsel for the Crown
Mr. L. Walker — counsel for the accused Ransom Dashner
L. KIM J.:
Overview
[1] On June 14, 2024, Mr. Dashner pleaded guilty before Justice Louise Serre to the offences of Assault with a Weapon and Breach of Probation by failing to keep the peace and be of good behaviour, as required under a valid probation order.
[2] Upon entering the guilty pleas, a Pre-Sentence Report (“PSR”) was ordered by Her Honour and the sentencing was adjourned pending the completion of that report. This was completed by September 2024. However, in October 2024, a Gladue Report was formally requested from Aboriginal Legal Services, which resulted in the completion of such a report in March of 2025.
[3] The matter was back before me on April 24, 2025. The prior guilty pleas before Her Honour were struck and re-entered before me. Facts were produced that included video footage of the incident that resulted in these charges. After entering convictions to both counts, sentencing commenced before me on the same date.
[4] Having considered the facts of this case, the totality of the evidence and the principles of sentencing, I am of the view that a fit sentence for this offender in these circumstances is one of 12 months imprisonment to be served in the community, considering any applicable credit, and appropriate ancillary orders.
The Circumstances of the Offences
[5] On September 12, 2023, at approximately 10:00 p.m., police were called to downtown Sudbury in response to a complaint that 13 people were fighting and one of those individuals was seen holding a knife. By the time police arrived a few minutes later, all parties had dispersed. They spoke to the complainant, Logan Bass, an employee at Vianet, who provided police with a surveillance video that was more than two minutes in length.
[6] That video footage showed a large group of male individuals in a parking lot on Larch Street fighting amongst themselves. Mr. Dashner could be seen removing what appeared to be a black handgun from his waistband and pointing it at another male individual. He was observed to swing the weapon twice towards this male person attempting to strike him with it. Fortunately, the male person was able to avoid these attempts in a defensive gesture that prevented physical contact from being made. Mr. Walker concedes that his actions nonetheless still meet the legal definition of an assault pursuant to s. 265(1)(b) of the Criminal Code.
[7] Mr. Dashner is seen on the video to hand the weapon to Matthew Berger, the co-accused on this Information. Mr. Berger is observed to receive the weapon and conceal it in his front waistband and distance himself from the fighting parties. Moments later, he is seen to “rack the slide” on the handgun before concealing it back in his pants.
[8] Video footage from Sudbury Transit and Tom Davies Square was taken close in proximity to this group altercation and confirmed the identities of Mr. Dashner and Mr. Berger. At the time of this incident, Mr. Dashner was bound by a valid probation order I issued to him on April 13, 2023, that included a condition to keep the peace and be of good behaviour. Both individuals were arrested the following day. During the search incident to arrest, a black pellet handgun was seized from Mr. Berger’s backpack. The weapon seized is believed to be the weapon seen on the video footage of the altercation.
[9] A firearms analysis was completed by the Greater Sudbury Police Service on February 20, 2024. The BB gun (Beretta APX C0-2 powered) was not deemed to be a “firearm” due to its low velocity after being test-fired. However, the weapon still had the ability to cause bodily harm.
The Circumstances of the Offender, Mr. Dashner
[10] Mr. Dashner is 23 years old and is a registered member of the Walpole Island First Nation, located in southwestern Ontario. As provided in the Gladue Report, he identifies as Ojibway. His grandmother and great grandmother attended residential schools and his biological mother and uncle attended Walpole Island Day School.
[11] Mr. Dashner was apprehended by child protection authorities at the young age of 18 months as his parents struggled with drug and alcohol abuse. His parents passed away when he was 9 years old. Losing both parents at that young age had a traumatic impact on him. While in care, he was diagnosed with Attention Deficit Disorder (“ADHD”) and Oppositional Defiant Disorder (“ODD”). He was the only child amongst his siblings not diagnosed with Fetal Alcohol Spectrum Disorder (“FASD”).
[12] He, along with his siblings and a cousin were all raised in a non-Indigenous foster home by Lorna MacDonald and her husband. The foster parents made a concerted effort to maintain the children’s connection with their Indigenous culture and family roots that included the ongoing love and support provided by his paternal aunt. He remained in care until the age of 15.
[13] During his teen years, Mr. Dashner began to show signs of alcohol abuse and to a lesser extent, drug use. According to his foster sister, Shannon MacDonald, Mr. Dashner has no memory of his parents, and this lack of familial connection has caused him to struggle with his identity. He developed anger issues at the same time his alcohol abuse worsened as he struggled with homelessness for several years after the age of 15. The profound effects of alcohol abuse on Mr. Dashner’s general disposition were concisely stated by Ms. MacDonald. According to her, when he was not drinking, she described him as a “completely different person.”
[14] He has a history of taking programming for at-risk Indigenous teens for alcohol abuse. However, largely due to the passing of his foster father in 2023, he was unable to achieve a level of sobriety that would permit him to lead a pro-social life. He slipped back into the “wrong crowd” and found himself to be drinking excessively again.
[15] However, to Mr. Dashner’s credit, he was unsatisfied with the repetitive cycle of addiction that resulted in him being brought before the criminal justice system in recent years. As evidenced in the exhibits filed at the sentencing hearing, Mr. Dashner has completed a workbook on “Understanding the Addiction Cycle,” with St. Albert’s Learning Centre in November 2023 and a 1-Day Substance Abuse Education and Awareness Program offered by the John Howard Society, prior to the commission of the current offences.
[16] More recently, Mr. Dashner completed a 45-day residential treatment program in Cobourg, Ontario, in January 2024, and has been sober since then. His foster sister described him to be a different person. This treatment program was funded by Kina Gbezhgomi Child and Family Services, an Indigenous-based child protection agency. The existence of such funding provides some evidence of Mr. Dashner’s historical connection to his traumatic experiences as an Indigenous child in care for almost the entirety of his developmental years. It also recognizes the connection between the trauma he suffered as a child, and the support he needs today as a young adult to heal from it.
[17] Today, Mr. Dashner desires to reconnect with his Indigenous cultural roots and community by moving back to his First Nation and building a life there. He has achieved sobriety now for approximately 16 months and appears motivated to stay sober.
[18] He was in a long-term relationship with the same woman and developed meaningful relationships with her children. Although that relationship is no more, he continues to take on a role as a father-figure for these children.
[19] Mr. Dashner left high school in Grade 11 but later completed his high school diploma in an alternative program in Sudbury. He aspires to find a vocation that will permit him to use “hands-on” skills he continues to develop. For example, after a year’s worth of experience working for a local plumbing and renovations company, he is actively seeking training and employment in the mining industry with the financial support of the Native Friendship Centre and Kina Gbezhgomi Child and Family Services.
[20] He continues to benefit from the support of his foster family and has secured housing with their support.
The Position of the Parties
[21] On behalf of the Crown, Ms. Jay acknowledges that Mr. Ransom should be given credit for the pre-trial custody he has served and recognizes the progress he has made. This progress permits me to find that the safety of the community would not be at risk if I were to impose a conditional sentence order. However, the essence of her position is that further imprisonment should follow in order to adequately account for the principles of deterrence and denunciation. She submits that a sentence of 18 months imprisonment to be served in the community through a conditional sentence order is appropriate to address the seriousness of this violent offence while he was on probation and a prohibition for similar offences.
[22] For the accused, Mr. Walker argues that a suspended sentence and 12 months probation with ancillary orders would amount to a fit sentence due to the reduced moral culpability of Mr. Dashner. He reminds me of the principles in the leading case of R. v. Gladue, and affirmed in R. v. Ipeelee, that require me to consider the unique historical injustices suffered by Indigenous people and the systemic impact of residential schools and intergenerational trauma that have contributed to Mr. Dashner’s offending today.
[23] He emphasizes the strong evidence of his rehabilitative efforts to date and suggests that no further custody is needed in consideration of the 64 actual days in jail he has already served, that amounts to a total pre-sentence custody of 96 days. Additionally, he argues that proof of Mr. Dashner’s rehabilitation speaks for itself when one considers the evidence of residential treatment and a lack of further offences upon being released on very tight bail terms that included house arrest. On this latter point, he submits that Mr. Dashner should be given Downes credit to acknowledge the hardship he suffered while he was bound by terms of house arrest for at least nine months.
Relevant Law
[24] The fundamental purpose of sentencing in s. 718 of the Criminal Code is to protect society and to contribute, along with crime prevention initiatives, respect for the law and maintenance of a just, peaceful, and safe society by imposing just sanctions that include one or more of several objectives, including deterrence, denunciation, separation from society, rehabilitation of the offender and to promote a sense of responsibility in that offender.
[25] The fundamental principle of sentencing is proportionality. A sentence imposed must be proportionate to the gravity of the offence and the degree of responsibility of the offender in consideration of the aggravating and mitigating circumstances of this case in conjunction with the principles of totality, restraint and parity: Criminal Code, s. 718.1.
[26] The principle of rehabilitation is particularly important because I am sentencing a young Indigenous man who has experienced firsthand, the historical injustices suffered by Indigenous people in our country.
[27] All other sanctions other than incarceration must be considered with particular attention to the circumstances of aboriginal offenders, as mandated in s. 718.2(e) of the Criminal Code. As instructed by the Supreme Court in Gladue, this section is remedial in nature. Its purpose is to ameliorate the serious problem of overrepresentation of aboriginal people in prisons, and to encourage sentencing judges to have recourse to a restorative approach to sentencing. There is a judicial duty to give the provision’s remedial purpose real force.
Aggravating Factors
[28] Pursuant to s. 718.2 of the Criminal Code, a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender.
[29] Here, the aggravating factors are as follows:
- i) The BB gun, or imitation firearm, was capable of discharging projectiles that could cause serious bodily harm;
- ii) It was handled in an aggressive and threatening manner that was purported to be ready to discharge;
- iii) Given the time of night, the concealed manner in which Mr. Dashner possessed the weapon, and the similarity to an actual firearm, any members of the public who came into contact with him would have perceived to be at risk of imminent harm or death;
- iv) Due to the similarity to an actual firearm, the risk of a police officer perceiving it as such and reacting with lethal force was real;
- v) Mr. Dashner reported a high-level of intoxication while handling such a weapon elevated the risk of serious bodily harm for everyone involved, including the other people present for this confrontation but also innocent bystanders reasonably expected to be within the immediate vicinity in Sudbury’s downtown core;
- vi) He was bound by a valid conditional sentence order for a violent offence at the time of the current offences. However, I am mindful that this order had nearly expired;
- vii) He has a recent and relevant criminal record for serious violence between 2019 to 2023 and was on probation for Assault that required him to keep the peace and be of good behaviour at the time of these offences.
Mitigating Factors
[30] The mitigating factors are as follows:
- i) Mr. Dashner has pleaded guilty and given up his right to a trial. In doing so, he has demonstrated a willingness to take responsibility for his actions. He is genuinely remorseful for his conduct;
- ii) His personal circumstances provide a clear connection with historical injustices suffered by Indigenous people in Canada. As documented in the Gladue Report, his relatives attended residential schools and both of his parents struggled with addictions to substances and passed away when he was 9 years old. He was in the care of child protection authorities from the tender age of 18 months through to the age of 15 and was raised in foster care by a non-Indigenous family. While they were a strong source of support, he has lost a sense of his own identity which has translated to an ongoing source of emptiness in his life. He has struggled for most of his life with this trauma, his lost Indigenous identity and the corresponding anger and addiction to alcohol and drugs. These experiences, as provided in the PSR and Gladue Report, highlight the legacy of residential schools and intergenerational trauma: factors that are well beyond the control of Mr. Dashner. This dramatically lowers his level of moral blameworthiness and requires me to understand his criminality at a level that goes beyond mere books and legislation;
- iii) Through his foster sister and his former partner and their children, he has the benefit of family support. This lowers his risk to re-offend in a violent way;
- iv) Mr. Dashner is highly motivated to seek new training in skills to become employed in the mining industry. He is eager to make a living for himself and his loved ones;
- v) He has achieved sobriety after voluntarily completing a 45-day residential treatment program in January 2024, among other rehabilitative programming;
- vi) He was on house arrest for approximately 9 months and has been compliant with the law since the fall of 2023 when those terms came into force.
Downes Credit for House Arrest on Bail
[31] The lawyers disagree as to whether Mr. Dashner should be given any credit towards his sentence for being released on tight bail terms in the community prior to sentencing. This is a highly discretionary exercise, and the law is clear that there are no mathematical formulas in determining whether any pre-trial credit should apply. The Court of Appeal has repeatedly stated that stringent bail terms such as house arrest can be a mitigating factor in assessing a fit sentence. The logic being that strict bail terms are analogous to punishment and mirror the experience of serving time in custody.
[32] In assessing the weight of the mitigation to be given, the court should consider the amount of time spent on bail conditions; the stringency of those conditions; their impact on the offender's liberty; and the ability of the offender to carry on normal relationships, employment and activity.
[33] Mr. Dashner submits that the prolonged length of these proceedings while he was on tight bail conditions were akin to punishment. Specifically, the house arrest portion of his bail was so restrictive because it required his surety to be with him at each moment he was outside his residence. This proved to be quite onerous and prevented him from applying for employment due to the unavailability of his surety during business hours.
[34] Additionally, I am told by Mr. Walker that being confined to his home caused him to lose a significant amount of weight. Furthermore, his efforts at rehabilitation were somewhat frustrated when he was required to leave the aftercare program at the Cobourg Rehabilitation Centre because an individual he was not permitted to associate with was a participant. These restrictions appear to have had an adverse impact on his mental health, as noted in the Pre-Sentence Report. Mr. Dashner submits that this experience should entitle him to Downes credit for a reduction in his sentence.
[35] The Crown does not necessarily dispute these facts but is opposed to the legal position of granting any credit for being on house arrest. Ms. Jay submits that Mr. Dashner was not forced to wait several months prior to seeking the Crown’s consent to apply for a variance, or relaxation of the house arrest terms. This was a choice he consciously made, and he should not be permitted to benefit from this at the sentencing stage.
[36] Although I don’t have an affidavit with medical documentation to substantiate these claims, those facts are not in dispute, and I accept that Mr. Dashner’s overall physical and mental health suffered while he was on house arrest for approximately nine months. However, there is an intervening fact that should not be glossed over in this analysis.
[37] As far as I can discern, the purpose of the tight bail conditions were not to cause undue hardship upon Mr. Dashner. Rather, tight conditions such as house arrest were a necessary alternative to remaining in jail to balance the risks of re-offending while Mr. Dashner’s case moved through the justice system, and while the court waited for the completion of the PSR and for him to co-operate with the Gladue writer to promote completion of that report. I remind myself that both reports were intended to assist the court in deciding a fit sentence and have proven to be effective in my ability to do so.
[38] The unavailability of his own surety, one that he selected and asked the court to endorse, was not the responsibility of the court or the Crown. During the term of house arrest, there existed an option to come back to court to replace that surety, if his unavailability during business hours unduly restricted Mr. Dashner’s freedom. No such efforts were made, but that does not mean that the adverse impact of being on house arrest should be attributed to the restrictive nature of the bail terms themselves. Quite simply, they were not.
[39] The exceptions to house arrest were sufficient to increase Mr. Dashner’s freedom while on bail. Unfortunately, the surety he had selected did not provide him with adequate flexibility to the degree he so desired. That is not the responsibility of the court or the Crown and it should not entitle him to additional credit towards his sentence.
[40] Therefore, I am unable to make a causal link between the imposition of house arrest bail and the impact, if any on Mr. Dashner’s mental or physical health during that period of nine months. Accordingly, the claim for any Downes credit is dismissed.
[41] However, regardless of the specific reasons why, it is clear to me that the experience of being on house arrest was difficult for Mr. Dashner to endure mentally and physically. That level of hardship, regardless of the underlying cause, will be treated as a mitigating factor on sentence.
Analysis
[42] It is clear to me that Mr. Dashner poses a low risk to re-offend. Through his own voluntary efforts, he has completed a 45-day residential treatment program and has achieved sobriety since January 2024. He is in every respect, likely to land employment in the skilled trades and upon completion of certain courses, will present as highly employable. He has aspirations to take on a more active parenting role in the life of a child through his prior long-term relationship. He presents with a level of maturity rarely seen for young men who are fortunate enough to say they have survived, despite the clear legacy of intergenerational trauma from residential schools inflicted upon his community and his family.
[43] I agree with the submission of his counsel, that for a young man of 23 years, he has endured and survived through indescribable obstacles, only to emerge as relatively pro-social, and with great potential to succeed.
[44] This accomplishment on its own cannot be glossed over and I commend Mr. Dashner for his courage, resilience and strength to bring about real change in his life since that regretful night in September 2023.
[45] I am being asked by the Crown to consider a term of imprisonment of 18 months but to permit Mr. Dashner to serve this in the community through a conditional sentence order pursuant to s. 742.1 of the Criminal Code. It is conceded that this case meets each of the statutory pre-requisites in that section for a conditional sentence to be imposed.
[46] I am mindful of the relatively stringent bail conditions Mr. Dashner had endured for a lengthy period of time. This provides clear evidence of his ability and willingness to abide by the terms of a lengthy conditional sentence order. I am satisfied that an imposition of a conditional sentence would not endanger the safety of the community. The other pre-requisites in s. 742.1 of the Criminal Code apply and need not be addressed. A conditional sentence is legally open for me to issue.
[47] I have considered the amount of pre-sentence custody served by Mr. Dashner. He is to be given a total pre-sentence credit of 96 days for serving 64 actual days in custody prior to being sentenced.
[48] However, with the greatest of respect to Mr. Dashner, I do not accept that a suspended sentence of 12 months probation on the facts of this case with this offender would be consistent with the fundamental purposes and principles of sentencing. Such a sentence would send the wrong message to the public; one that suggests that our courts minimize the inherent seriousness of weapons offences of this nature where violence was intended by a repeat, violent offender.
[49] Upon careful review of the video of this street fight, the prolonged nature of the violent interaction presented many opportunities for Mr. Ransom to cease or leave the confrontation. He chose to remain and wielded the imitation firearm in an assaultive manner with the intent to injure the other individual on two separate attempts.
[50] The imitation firearm that Mr. Dashner brandished in an assaultive manner in the context of a street fight increases the severity of this offence, even if he did not make good on his efforts to hit the unknown male with it. The only reason Mr. Dashner was unsuccessful in his attempts to strike the victim, was because that individual dodged those attempts. Had he made contact, injuries would have been caused, and the conflict would have escalated.
[51] Having reviewed the photos of the weapon in the case before me, the imitation firearm presents as being strikingly similar to an actual firearm. Furthermore, it was test fired and still has the potential to inflict bodily harm.
[52] Adding to its seriousness is the fact that Mr. Dashner was bound by a probation order for the violent offences of Assault Causing Bodily Harm and Assault in 2023. I must weigh this with the realization that he has additional convictions for Assault with a Weapon and Pointing a Firearm in 2019, as a youth.
[53] There is also the residual impact of Mr. Dashner arming himself with an imitation firearm and attempting to strike another person with it. When individuals choose to arm themselves with weapons and demonstrate a clear purpose to cause serious bodily harm, it promotes a local arms race of sorts. Those members of the public who are the recipients of such threats, robberies and assaults are more likely to see it necessary to also arm themselves with knives, imitation firearms, or other potentially deadly weapons, in a proportionate and consistent response.
[54] This promotes an overall increase in the possession and use of weapons as a whole by members of the general public, particularly amongst those that happen to live on the street or are otherwise engaged in a life of ongoing criminality. The net impact on the safety of the public is that we are all more at risk of being harmed due to the increased prevalence of dangerous weapons in our community.
[55] This cycle promotes the gradual deterioration of a community, and it has already begun in Sudbury’s downtown, as evident on this video of the street fight with no less than 13 men, some of whom were also armed with weapons such as a metal pipe, and possibly a knife, in addition to Mr. Dashner’s imitation firearm. All individuals present for the brawl appeared willing to inflict violence and as part of that endeavor and utilize a weapon to affect their intended purposes. Mr. Dashner was a willing participant throughout. This is the necessary context that I view these offences.
[56] The choice to arm oneself with a dangerous weapon must not be condoned. Given the prevalence of these items and the potential to cause serious bodily harm, there is a need for our courts to deter those individuals who will consider arming themselves with an imitation firearm, knife or other similar tools of violence. That deterrence must come in the form of a promise of imprisonment, especially to those that ignore the orders of justices prohibiting the possession of such dangerous weapons.
[57] I acknowledge the mitigating factors in favor of Mr. Ransom are extensive particularly due to the Gladue factors tied to his upbringing and heritage as an Indigenous child raised in a foster home and his experience of intergenerational trauma. I am mindful of the current evidence of meaningful progress in his efforts to address alcohol abuse through treatment and the support he has from his foster family and former partner.
[58] However, I am of the view that a further term of imprisonment is required when I balance the gravity of these offences, the reduced moral blameworthiness of the offender and the seriousness of weapons offences in our communities due to the risk they pose to public safety.
[59] Had it not been for the extensive efforts of Mr. Dashner in completing a residential treatment program to achieve sobriety, I would issue a jail sentence of 6 months, less credit for time already served.
[60] I am also cognizant of my responsibility to avoid adding to the problem of the overincarceration of Indigenous people in our Canadian criminal justice system. A conditional sentence would strike the right balance because it adequately addresses the fundamental purposes of sentencing, meaning it is proportionate to the gravity of this offence and the circumstances of Mr. Dashner, and it demonstrates my intent to exercise restraint and focus on the principle of rehabilitation.
[61] Additionally, a conditional sentence will assist the court’s objective of promoting a sense of responsibility in Mr. Dashner and provide him an opportunity to restore what he has taken from our local community with his actions on the date in question. Accordingly, a significant number of community service hours is warranted and will also encourage Mr. Dashner to learn about his own strengths and abilities to contribute to our society in a meaningful way.
[62] Taking into account the gravity of the offences and the paramount need for deterrence and denunciation involving imitation firearms and other weapons capable of inflicting serious bodily harm, and the purpose, objectives and principles of sentencing, including the principles of rehabilitation, restraint and Gladue factors that apply to Indigenous offenders, I am of the view that a suspended sentence and 12 months’ probation would not sufficiently reflect the degree of moral blameworthiness, history of violence and weapons offences and the gravity of the current offences and the risk to public safety.
Disposition
[63] A fit sentence is a term of imprisonment to be served in the community as a conditional sentence order of 12 months imprisonment for both offences to be served concurrently.
[64] For the offence of Assault with a Weapon contrary to s. 267(a) of the Criminal Code, I am noting a total pre-sentence custody of 64 actual days in custody for a total 96 days of pre-sentence credit and sentence Mr. Dashner to a conditional sentence of 12 months.
[65] For the offence of Failing to Comply with a Probation Order contrary to s. 733.1 of the Criminal Code, I am noting a total pre-sentence custody of 64 actual days in custody for a total 96 days of pre-sentence credit and sentence him to a conditional sentence of 12 months to be served concurrently.
[66] The terms of the conditional sentence order are as follows:
a. Report to a conditional sentence supervisor within two working days upon your release from custody, and thereafter when required by that supervisor;
b. Sign any release of information forms that will enable the supervisor to monitor your attendance and completion of any assessments, counselling or rehabilitative programs as directed.
c. House Arrest: For the first 6 months of this order, there will be a term of house arrest. You are required to remain within your residence or on the property of your residence except for:
- Between (i.e. 12-4 p.m. on Saturdays) to acquire the necessities of life;
- For any medical emergencies involving yourself (or spouse, child, parent, sibling);
- For going directly to and from or while being at school / employment / court / religious services / legal / medical / dental appointments;
- For going directly to and from or while being at assessment, treatment or counselling sessions;
- You must complete 100 Community Service hours to the satisfaction of your supervisor by the completion of this order.
- For going directly to and from or while performing Community Service hours;
- You will confirm the schedule in advance with supervisor setting out times for these activities;
- With the prior written approval of the supervisor. This written approval is to be carried with you at all times while outside your residence;
- For carrying out any legal obligations regarding compliance with this order.
d. During your house arrest, you are not to purchase, possess or consume alcohol or any intoxicating substances except in accordance with a valid medical prescription;
e. Curfew: Following the home confinement, for the balance of this order you must remain in your residence (or on the property) daily between 10:00 p.m. and 7:00 a.m., except for medical emergencies involving you or your immediate family, employment purposes or any other reason as approved by your supervisor in advance which must be documented and carried on your person;
f. During the entirety of this order, you must also present yourself at your doorway upon the request of your supervisor or a peace officer for the purpose of verifying your compliance with this order;
g. Reside at an address approved by a supervisor and not change that address unless you receive the permission of your officer in advance.
h. Attend and actively participate in all assessments, counselling or rehabilitative programs as directed and complete them to the satisfaction of your supervisor including but not limited to alcohol abuse with the support of the N’Swakamok Native Friendship Centre’s Drug and Alcohol Program; life skills.
i. You are encouraged to access the Apatisiwin Employment and Training Program for employment and training support;
j. Do not possess any weapons as defined by the Criminal Code.
Ancillary Orders
[67] There will also be a weapons prohibition pursuant to s. 110 of the Criminal Code for five years and a forfeiture order pursuant to s. 491 with respect to the imitation firearm, a Beretta APX BB gun.
[68] I am also ordering that a sample of his blood be taken for inclusion on the national DNA databank, pursuant to section 487.051(1) of the Criminal Code.
[69] Finally, because Mr. Dashner is of very limited financial means and his pending support obligations, the victim fine surcharges of hundreds of dollars would cause him undue hardship and shall be waived.
[70] I wish to thank Mr. Walker and Ms. Jay for their highly professional presentation in this case.
Released: May 27, 2025
Justice Leonard Kim