Court File and Parties
Indictment No.: CR-16-00000014-0000 Superior Court of Justice
Her Majesty the Queen v. Raymond Roy
Sentence
Before: The Honourable Justice R. Del Frate
On: Wednesday, July 5th, 2017, at Gore Bay, Ontario
Information contained herein cannot be published, broadcast or transmitted pursuant to section 539(1) of the Criminal Code of Canada by order of the court.
Appearances: K. Athanas, Counsel for the Crown M. Venturi, Counsel for Raymond Roy
Endorsement
R. v. Raymond Roy Sentence – Del Frate, J. Wednesday July 5th, 2017
THE COURT: All right, well first of all there has to be a finding of guilty. I don’t think we have made a finding of guilty as yet. So on the facts as read in and as agreed to by the Crown – or by the defence I should say, the essential elements have been proven and there is a finding of guilty on count number one.
DEL FRATE, J. (Orally):
Sentence
On the sentence, I am being asked to consider a total of three years jail term, but take into consideration the pre-trial custody of 493 days, which - and then with the enhanced credit we are looking at 740 days, meaning that there is an additional 355 days that you have to continue serving.
The Crown is submitting a three-year period of probation with an absolute abstention from alcohol or alternatively that no alcohol be consumed while he is in the company of his father by either party that is consuming alcohol.
The big issue here is whether the probation ought to be two years or three years. In a situation where, looking at his record, he just breaches whatever probation order is attached to the sentence and this causes me some concern because basically a probation order sets him up for another offence.
I just don’t know how Mr. Roy is going to get the picture that you can’t breach those probation orders and yet I have to impose a probation order, but in all likelihood, this is going to be breached.
So it’s a vicious circle and what I’m thinking of doing is I’m going to go along with the Crown’s suggestion of – of three years probation with the usual conditions of the statutory conditions, and I will go along also with the condition that no alcohol is to be consumed – or that you are not going to be in the company of your father if either you or your father is consuming alcohol. That – that’s definitely going to go in there.
What I am struggling with at this point is whether I should put in there an additional period of one year where you should not be drinking alcohol or taking drugs whatsoever upon your release and see what happens.
So probably that will make it somewhat of a deterrent. I’m also concerned Sir, I know you don’t want to take counselling, but I think it’s for your benefit. So I am going to order counselling as well while you’re in – in prison. Because if you are going to take this counselling, that would be the best time to do it. You are going to be there and you are going to have the – the appropriate resources to deal with the alcohol.
So having said all of that, I am going to sentence you to the three years requested jointly. From those three years 740 days will have to be deducted, meaning that you will be serving an additional 355 days. I’m going to place you on probation for three years. The first year you will have all of the statutory conditions. Over and above that you are to abstain completely from alcohol and drugs. For the remaining two years you are not going to be consuming – or you are not going to be in the presence of your father if either you or he is consuming alcohol, do you understand that?
RAYMOND ROY: Yeah.
THE COURT: All right, then it is going to be a section 210 – I’m sorry 110 weapons prohibition for life, except that section 113 will be imposed as well, which is an exception for hunting for sustenance, and I am sure Mr. Venturi has explained to you what the procedure is that has to be followed under those circumstances.
You are going to be providing a sample of your DNA as soon as is practicable and once you are released from jail you will have seven days to report to your probation officer and one of the other conditions is that you are to take whatever counselling is recommended by the probation officer. Have I dealt with everything?
MR. VENTURI: I believe so Sir. I do believe the counselling as required is part of the statutory requirement. I mean Your Honour had mentioned that he take a counselling while in custody. I don’t know if those programs are available, depends on where he goes ‘cause it’s a provincial....
THE COURT: Well can we not make a recommendation that he goes to a facility that provides counselling for drug – drug and alcohol addiction?
MR. VENTURI: You can make that recommendation. I can only advise I know for something like Ontario Correctional Institute in Brampton, OCI which deals with addiction, this sentence will not allow him to go there. I do know that, I believe it’s Algoma Treatment Facility in Sault Ste. Marie does deal with that.
THE COURT: It’s a recommendation and then they can do...
MR. VENTURI: Yes.
THE COURT: ...whatever they feel with.
MR. VENTURI: Certainly and if that’s the recommendation I’m sure that my friend will agree with me that’s fine.
MS. ATHANAS: Yes.
THE COURT: All right.
MR. VENTURI: Yes.
THE COURT: Do you understand Sir?
RAYMOND ROY: Yeah.
THE COURT: All right so you have to stop drinking, otherwise you are going to be back here and any other offence like this you are looking at five, six, seven years in jail Sir. Sir it is your life, all right.
RAYMOND ROY: All right.
THE COURT: Good luck to you.
MR. VENTURI: Thank you very much Your Honour.
THE COURT: Thank you. I presume the other two counts are withdrawn?
MS. ATHANAS: That’s correct Your Honour.
THE COURT: Thank you Mr. Venturi.
MR. VENTURI: Thank you Your Honour.
THE COURT: Good luck to you Sir, and hopefully we won’t see you back here, okay.
RAYMOND ROY: Yeah.