The appellant, who held a power of attorney for an elderly resident in a long-term care facility, misappropriated over $378,000 of the resident's assets and defrauded Veterans Affairs Canada.
He was convicted of theft and fraud, and sentenced to two years less a day in jail, restitution, and a lifetime prohibition order under s. 380.2(1) of the Criminal Code.
On appeal, the Court of Appeal upheld the convictions, the jail sentence, and the restitution orders.
However, the Court struck the s. 380.2(1) prohibition order, finding that it constituted punishment and therefore the presumption against retrospectivity applied, meaning it could not be imposed for an offence committed before the section was enacted.
