P. Leger

The applicant, a municipal councillor charged with assaulting the deputy mayor, sought to vary his bail conditions to permit him to attend town council meetings.

His original bail conditions included a no-contact order with the victim and witnesses, and prohibited him from attending the town hall.

The applicant argued that his inability to attend meetings for three successive months would result in the loss of his council seat under the Municipal Act.

The court found that his unrestricted attendance posed an unacceptable risk to the victim and witnesses.

However, to prevent the automatic loss of his seat, the court granted a limited variation allowing him to attend one specific meeting for the sole purpose of registering his attendance, provided he is accompanied by a police officer at his own expense.

The offender pleaded guilty to arson with disregard for human life after pouring gasoline inside his home during a domestic dispute, causing a fire that destroyed the house and killed two pets.

The Crown sought a net sentence of 12 months in jail (effectively 3 years minus 24 months pre-sentence custody credit) plus 2 years probation, while the defence sought a net sentence of 3 to 6 months.

The court emphasized denunciation and deterrence, imposing the Crown's requested sentence of 12 months further custody, 2 years probation, and a restitution order of over $92,000 to the insurer.

The offender was convicted by a jury of two counts of assault causing bodily harm and two counts of assault with a weapon arising from a downtown fight in which he struck two victims with a metal bicycle lock and inflicted significant injuries, including a broken jaw.

The principal issue at trial was self-defence, which the jury rejected.

The sentencing court emphasized denunciation and deterrence given the seriousness of the weapon-based assault and the offender’s extensive criminal record, including prior violent offences.

Applying the Kienapple principle, the assault with a weapon counts were conditionally stayed and convictions were entered on the assault causing bodily harm counts.

The court imposed a global sentence of 30 months’ imprisonment with 19 months’ credit for pre-sentence custody, resulting in 11 months to be served, along with lifetime firearms prohibitions, DNA orders, and two years’ probation with no-contact conditions.