COURT FILE NO.: CR-17-50000573-0000 and CR-17-50000173-0000

DATE: 20180205

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

GERALD POWER

David Tice, for the Crown

Michael Ellison, for Power

HEARD: January 9, 2018

M. DAMBROT J.:

[1] Gerald Power was tried by me with a jury on one count of attempting to murder Arsen Makaryan and one count of aggravated assault on Arsen Makaryan. The two counts arose out of a single incident on August 15, 2015. On July 27, 2017, Mr. Power was found not guilty of attempted murder but guilty of aggravated assault. I subsequently found him guilty of two counts of failing to comply with a probation order. I am now called upon to impose sentence.

THE OFFENCE

[2] Arsen Makaryan was 46 years old at the time of the trial. He was born in Latvia and came to Canada in 1991. He is a permanent resident. On August 15, 2015, he was living at 2361 Lake Shore Boulevard in Etobicoke on the third floor of a four-story building, and was making a living as a butcher.

[3] Mr. Power was 34 years old at the time of the trial. On August 15, 2015, he was living at 2361 Lake Shore Boulevard, apartment 208 with his father in his father’s apartment in accordance with his bail conditions on a charge of possession of cocaine. He had been in a committed relationship with Kristin Helps since 2012, and they were raising two young children together. Ms. Helps and the children were not living with Mr. Power in August 2015 because there were bugs in Mr. Power’s building, and she did not consider it to be sanitary.

[4] The Crown alleged that Mr. Power approached Mr. Makaryan from behind at the door of his apartment and stabbed him twice with a knife. The principal witness for the Crown was Mr. Makaryan. He said that on August 15, 2015, he had consumed a considerable amount of wine in his apartment, both during and after lunch. He left his apartment on foot late in the afternoon to buy groceries and wine. When he returned along Lake Shore Blvd., he passed Mr. Power walking towards their apartment building about twenty metres away from the building. Mr. Power was readily identifiable from a distance because of the way he walks. He had his head down and his mouth open. Mr. Makaryan was walking more quickly than Mr. Power. As Mr. Makaryan walked past Mr. Power, no words were exchanged. Mr. Makaryan was in a hurry to return to his apartment.

[5] Mr. Makaryan entered the building through the front door and went straight up the stairs to his apartment. As he was approaching his apartment, he had the groceries and wine in a single bag in his left hand, and his key in his right hand. He heard someone yelling from the stairwell. A male voice screamed, “Where are you? I got something for you.” He paid no attention, and placed his key into the keyhole, when he felt a hit with something sharp on his left side towards his back a couple of inches above the waistline.

[6] Mr. Makaryan turned abruptly and he saw that the man who had stabbed him was Mr. Power. Mr. Power was half bent, with eyes that did not look normal, and a grimace on his face, holding a big knife with both hands. Mr. Power struck Mr. Makaryan a second time with his knife, with both hands on the handle, and still crouched, with a forward motion with the blade parallel to the ground. He struck Mr. Makaryan on the left side again, but further up and more to the back. Mr. Power then ran away down the stairs.

[7] Mr. Makaryan testified that the knife was a big combat or military knife, not a kitchen knife, and had a very big handle, which Mr. Power held with both hands. The blade was broad, approximately 1 to 1½ inches wide at the base, and was 6 to 8 inches long.

[8] Mr. Makaryan said that he couldn’t run after Mr. Power, particularly because he was not sober. Blood was dripping down, and he felt dizzy. Ultimately, Mr. Makaryan made his way to the Subway sandwich shop across the street to get someone to call an ambulance for him. A young woman in the line placed the call, and soon after paramedics and the police arrived. Mr. Makaryan was placed in an ambulance. He testified that shortly after being placed in the ambulance everything went dark.

[9] Dr. Rezende Neto treated two significant wounds to Mr. Makaryan’s back at St. Michael’s Hospital. Dr. Neto described the two wounds as deep penetrating stabs. One stab penetrated at least 3 to 5 centimetres into Mr. Makaryan’s body, penetrating the chest wall and reaching the muscle layer under the skin and the subcutaneous tissue. The other stab went even deeper, penetrating the pleura, which envelops the lungs, causing bleeding into the chest cavity and coming within millimetres of penetrating the lungs.

[10] Mr. Makaryan woke up the next day and found himself in the hospital. He had been sedated, and his wounds had been closed with metal clips. He was kept in the hospital for three days, on intravenous, and released on August 18. He was told to come back for surgery to check his diaphragm, which he did on August 21. When he returned to work as a butcher he experienced pain and discomfort, and was limited to lifting nothing more than twenty pounds for six to eight weeks.

[11] Mr. Power testified that on August 15, 2015, he was lounging around and sleeping at his father’s apartment. He wasn’t feeling well. He said that Ms. Helps and the children were in the apartment with him all day. Ms. Helps left with the children while he was sleeping to drop off one of their daughters with some cousins. She ultimately returned to the building at around 6:30 or 6:45 p.m., with the intention of taking Mr. Power to get some medication that he needed. When she arrived at the building, she called him from downstairs. He told her that he was dressing. Ms. Help told him to let her in because she wanted to eat and use the washroom before they left. He went downstairs and opened the door for her, and she entered with their son and came up the stairs with Mr. Power.

[12] When they got to the second floor landing, Mr. Power testified that he opened the door into the second floor leading to his apartment and held it open. As Ms. Helps was going through, Mr. Power heard someone saying, “Avril, Avril, Avril Lavigne, come here, I have something for you.” He then saw Mr. Makaryan holding a big knife in his right hand. It looked like a chopping knife or a meat cleaver, although in cross-examination, he said that the blade of the knife was about a foot long, and was wide at the bottom and came to a point at the top, consistent with the penetrating injuries experienced by Mr. Makaryan.

[13] Mr. Power said that Mr. Makaryan was coming down the stairs quickly. In cross-examination he said that he thought of Mr. Makaryan as a madman. He was yelling and screaming and acting drunk and crazy. Mr. Power was nervous, and didn’t know what to do.

[14] Mr. Power said that he pushed Ms. Helps through the door, and then went into survival mode. Mr. Makaryan was super drunk. Although Mr. Makaryan was a step or two above him and 3 or 4 feet higher then him on the stairs, Mr. Power was able to grab Mr. Makaryan’s arm with one hand, and the bottom of his fist at the butt end of the knife with the other, get his arm behind his back while wrestling with him for about 45 seconds. Mr. Power then said that he pulled him down to the ground face first. He said that he used Mr. Makaryan’s weight and pushed him forward and he landed on the stairs, face down. He did not land on the knife. Mr. Power had no idea how Mr. Makaryan’s injuries occurred. Mr. Power said that he did not see any blood, and did not know if Mr. Makaryan was cut or injured. Mr. Power did not get any blood on himself or his clothing.

[15] Mr. Power said that he then went through the second floor door, while Mr. Makaryan was continuously swearing. Mr. Power did not call the police. He said that he didn’t want to be a rat, and didn’t want any trouble. He had a history with the police, and was on bail, and didn’t want them to flip it on him. In addition, he said that to his knowledge, nothing happened. He was asked in cross-examination if he wasn’t concerned about a madman with a knife walking around the halls in the building where his wife and child were present, who could have come to their door. He said that he wasn’t thinking about that, and that that type of stuff happens all the time. Mr. Makaryan was clearly drunk and Mr. Power didn’t expect him to be wandering around the building.

[16] Ms. Helps testified that on August 15, 2015, she and the children arrived at Mr. Power’s apartment at 9:00 or 10:00 a.m. Mr. Power was very sick. She remained at the apartment until 4:00 p.m. and then left with the children. Ultimately, she returned to the building at around 6:30 to take Mr. Power to the hospital. She called Mr. Power when she got to the door of the building, and asked him to come down and let her in. She wanted to go upstairs before they left for the hospital, eat some food upstairs and change the baby. Mr. Power came down and opened the door for her, and she walked towards the door. As she did so, Mr. Makaryan was on his balcony and shouted to her, calling her Avril Lavigne. This was not the first time he had done this, and she ignored him as she usually did.

[17] Ms. Helps said that she and Mr. Power entered the building, and went up the stairs. As they came to the second floor, they could hear Mr. Makaryan coming down the stairs, saying, “I have something for you.” Mr. Power opened the door for her, stepped back, said, “Go” and gave her a push. The door slammed behind her. Ms. Helps stood at the door, and after 15 or 20 seconds Mr. Power came through the door and into the hall. He said that Arsen was drunk again, and he had to push him down, and he had a knife in his hands or something. They then walked to the apartment.

[18] Once inside the apartment, Ms. Helps ate for about a half an hour, and probably changed her baby’s diaper. She and Mr. Power then decided to go down to the car. They took the stairs, and Ms. Helps testified that she was not concerned about going out.

[19] The jury’s verdict necessarily includes a finding that Mr. Power stabbed Mr. Makaryan, and did so intentionally. In my charge, I instructed the jury as follows:

But let me make one thing clear. When I speak of a stabbing, I am speaking of an intentional stabbing, not an accidental one. So, for example, if a person charged with attempted murder was attacked by someone wielding a knife, and in the course of defending himself from the knife attack that person pushed the arm of the attacker behind the attacker’s back, as Mr. Power says happened, or pushed him to the ground, and the knife penetrated the attacker’s back unintentionally, or by accident, that would not be an intentional stabbing. If that is what happened here, then Mr. Power would not be guilty of attempted murder, or aggravated assault for that matter, because he would not have stabbed Mr. Makaryan intentionally.

In other words, if you believe Mr. Powers’ evidence about what happened between him and Mr. Makaryan, and I will remind you of his evidence in a few minutes, or if it leaves you with a reasonable doubt, then Mr. Power did not intentionally stab Mr. Makaryan, and Mr. Power cannot be found guilty of either offence. Only if Mr. Power was not defending himself, and he intentionally stabbed Mr. Makaryan, can he be guilty of an offence. [Emphasis added.]

And remember, Mr. Power does not have to prove that the stabbing happened unintentionally, or by accident. The Crown must satisfy you beyond a reasonable doubt that the stabbing happened intentionally, and not by accident.

[20] As a result, it is clear that the jury did not accept Mr. Power’s account of the stabbing. They found beyond a reasonable doubt that Mr. Power was not defending himself from Mr. Makaryan, that Mr. Makaryan’s wounds were not inflicted by accident, and that Mr. Power intentionally stabbed Mr. Makaryan. Counsel for the offender argued before me that the jury might have concluded that the wounds were inflicted intentionally, but there was still some element of self-defence in Mr. Power’s actions. He was defending himself, but the stabbing was an excessive response to the threat. I do not agree.

[21] There is absolutely no evidence that Mr. Power stabbed Mr. Makaryan intentionally, in an effort to defend himself. Nothing in the evidence of Mr. Makaryan, Mr. Power or Ms. Help supports such a conclusion. It has no air of reality. The jury verdict could not somehow leave this possibility open. But if I am wrong, I reject it out of hand. I am satisfied beyond a reasonable doubt that the stabbing happened essentially in the manner testified to by Mr. Makaryan.

[22] Specifically, I am satisfied beyond a reasonable doubt that the stabbing was intentional, that it took place at Mr. Makaryan’s door, not in the staircase, and that it was entirely unprovoked. The forensic evidence, specifically the location where most of the blood was found, is consistent with Mr. Makaryan’s testimony, and inconsistent with the testimony of Mr. Power and Ms. Helps. The failure by Mr. Power and Ms. Helps to call the police, or be even remotely concerned afterwards about, on their version of events, a dangerous knife-wielding assailant being at large in the building, is simply unbelievable. Remember, according to them, neither of them even knew that Mr. Makaryan had been wounded. Having regard to the absence of defensive wounds on the body of the victim, I am also satisfied beyond a reasonable doubt that Mr. Makaryan had no opportunity to defend himself.

[23] I am further satisfied beyond a reasonable doubt that Mr. Power had a motive to stab Mr. Makaryan. There was evidence that Mr. Power believed that Mr. Makaryan had some sort of obsession with Ms. Helps and was bothering her. The Crown argued that Mr. Power stabbed Mr. Makaryan to stop him from bothering Ms. Helps, or to punish him for bothering her. In fact, Ms. Helps testified that Mr. Makaryan called out to her when she and Mr. Powers entered the building together on August 15, just before the encounter. However Mr. Power testified that he didn’t hear this, and denied that he even knew that Mr. Makaryan was bothering Ms. Helps. He said that he never saw Mr. Makaryan looking at her, speaking to her or calling out to her. Mr. Power also testified that he is secure in his relationship with Ms. Helps and is not a jealous person. I am quite satisfied that Mr. Power knew that Mr. Makaryan called out to Ms. Helps just before the encounter, and knew that he had been bothering Ms. Helps. He attacked Mr. Makaryan because he was jealous of Mr. Makaryan’s attentions to Ms. Helps, and angry about what had just happened.

[24] Finally, Mr. Power was bound by a probation order made on September 13, 2015 at the time of the commission of this offence. One term of the order required him to keep the peace and be of good behaviour. Another term required him to abstain from owning, possessing or carrying any weapon. The Crown alleged in two counts of a second indictment that Mr. Power breached each of these conditions. After the jury commenced deliberating, but before they delivered their verdict, Mr. Power re-elected to be tried by a judge without a jury and entered a plea of not guilty to each count, admitted that he was subject to the probation order at the time of the commission of the alleged offences in the first indictment, and agreed that I could apply the evidence heard by the jury to each count of breach of probation. After the jury returned its verdict, I found Mr. Power guilty of the two breaches of probation alleged in the second indictment.

The Offender

[25] Mr. Power is just short of 35 years of age. He was born in Toronto in 1983. He has a grade eight education. His parents separated shortly after his birth. He was raised in poverty. He lived with his alcoholic father, who was a bootlegger, until he was six, with occasional visits with his mother. While with his father, he witnessed constant parties, fights and even suicides. He was often hungry, and was taken into child protection at least once. However Mr. Power’s father remained Mr. Power’s one source of love and support throughout his young life.

[26] Mr. Power’s relationship with his mother was difficult, and in addition was unloving. His mother battled drug and alcohol addiction. She smoked crack and snorted cocaine in his presence. She would hit Mr. Power, blacken his eyes, stomp on him and lock him in closets for days.

[27] When Mr. Power was seven by one account, or ten by another, Mr. Power moved to British Columbia with his mother and a stepfather, where the physical abuse escalated. On one occasion his mother punched him and broke his nose. On another occasion his stepfather punched him so hard that he passed out, and woke up later in a closet covered in blood. In neither case did he receive medical attention. Mr. Power was also abused verbally by his mother. Mr. Power began using drugs with his mother when he was about 11. When in school in Vancouver, Mr. Power was bullied. He was called midget, retarded and stupid.

[28] Mr. Power also suffered, and still suffers from serious medical problems. He was diagnosed with Crohn’s disease when he was young, and later with colitis.

[29] In 1997, when Mr. Power was 13, he returned to Toronto for the funeral of his maternal grandfather. After the funeral, his mother dropped him off at his father’s residence, and told him that she didn’t want him back. Mr. Power then resumed living with his father. His father loved him and tried his best, but spent all of his money on alcohol, and Mr. Power was often hungry. He began committing crimes as a means of survival, and was frequently incarcerated.

[30] Mr. Power’s criminal record begins in 1998 when he was a youth. In 1998, he was convicted of carrying a concealed weapon, attempt to break and enter, two offences of failing to comply with a recognizance, possession of a schedule II drug, trafficking in a Schedule II drug, failing to comply with an undertaking and breaking and entering with intent. In 1999 he was convicted of assault, uttering threats and being unlawfully at large. In 2000 he was convicted of possession of break in instruments, break and enter and theft, failing to comply with a disposition, escaping lawful custody, failing to appear and being unlawfully at large.

[31] Mr. Power’s criminal record as an adult begins in 2001. In that year he was convicted of break and enter and theft and sentenced to six months imprisonment in addition to two months and 15 days of pre-sentence custody. In 2002 he was convicted of assault. In 2005 he was convicted of possession of a scheduled substance and fraudulent use of a credit card.

[32] Mr. Power was sentenced to imprisonment in a penitentiary for the first time in 2007. He received a total sentence of 4 years in addition to 10 months of pre-sentence custody for possession of a prohibited or restricted firearm with ammunition, possession of property obtained by crime, possession of a schedule II substance for the purpose of trafficking, possession of a schedule I substance for the purpose of trafficking, possession of a schedule III substance for the purpose of trafficking, possession of a firearm or ammunition contrary to a prohibition order and unauthorized possession of a firearm. In 2012 Mr. Power was sentenced to a total of 10 months imprisonment in addition to the equivalent of 20 months pre-sentence custody for possession of a schedule I substance, possession of a schedule II substance and possession of a schedule III substance for the purpose of trafficking. In 2013 Mr. Power was convicted of mischief under and failing to comply with a recognizance.

[33] Mr. Power met his partner, Ms. Helps in 2012. She was the first person to care about him other than his father. They have one child together, and he is the stepfather to another. Before being incarcerated in this case, he was a full-time father while Ms. Helps was in school, and was exploring career options in painting, ceramic tiling and framing. He says that he intends to continue to be a good father and a supportive partner to Ms. Helps when he is released, and to continue to explore career options. He wants a different life for his children. Ms. Helps, who suffers from Multiple Sclerosis, continues to support him.

[34] Mr. Power has been in custody on the present charges since August 15, 2015. His dietary needs as a result of his suffering from Crohn’s disease were poorly met while he was in the Toronto South Detention Centre from the time of his arrest until December 2016. Since then, he has been in the Toronto East Detention Centre where his dietary needs have been better met, albeit less than perfectly. The dietary inadequacies have had health repercussions for Mr. Power. On the positive side, Mr. Power learned to read while in jail awaiting trial in this matter with the encouragement of Peter Carter, a volunteer literacy trainer, and is motivated to continue improving his literacy.

[35] Mr. Power was in pre-trial custody at the Toronto South for 474 days, and has been in the Toronto East for 431 days, and has endured many days and part days in lockdown.

[36] Aboriginal Legal Services (“ALS”) was asked to prepare a Gladue Report for Mr. Power. Mr. Power advised ALS that his maternal grandfather was Ojibway from Ontario. Mr. Power has little knowledge of the nature of his aboriginal ancestry, and is unable to speak to his grandfather’s, his mother’s or his own experience as an Aboriginal person. ALS was unable to locate any information that could speak to his experience as an Aboriginal person. They could not locate Mr. Power’s mother or sister, and were unable to find information about his grandfather despite diligent efforts. As a result, the ALS could not prepare a report discussing the way in which Mr. Power was influenced and affected by his aboriginal ancestry, whether by systemic factors or historical reasons. They did prepare a most helpful summary of his background.

The Positions of the Parties

[37] Crown counsel submitted that a total sentence of 7 to 8 years of imprisonment for the three offences of which the offender stands convicted is appropriate, less consideration for pre-sentence custody. He emphasized that denunciation, general and specific deterrence and separation from the public were the prime concerns of an appropriate sentence here, with rehabilitation being only of secondary importance, having regard to this being an unprovoked, senseless and serious attack on an innocent victim, motivated solely by anger and jealousy. The aggravated assault was particularly serious having regard to the offender’s baseball type swing to the torso of the victim with a large knife, and the two deep penetrating wounds he caused. The victim had no opportunity to defend himself, and it was only a matter of luck that one of the wounds did not puncture his lung. Crown counsel also said that I should take into account Mr. Power’s criminal record.

[38] Counsel for the offender submitted that I should find that there was an element of self-defence in Mr. Power’s offence, and if I do, a sentence of 2 years and 6 months, less consideration for pre-sentence custody is appropriate. However he said that if I do not find an element of self-defence in Mr. Power’s offence, a sentence of 4 years or slightly less, less consideration for pre-sentence custody would be appropriate. I have already made clear that I reject entirely that there was any element of self-defence in Mr. Power’s actions.

[39] Counsel for the offender emphasized Mr. Power’s unfortunate background, which I have already outlined. Mr. Power was systematically abused throughout much of his young life, which he said is systemic to an indigenous household, resulting in his falling into crime as a matter of survival. He also asked me to take into account that Mr. Power’s time in custody was particularly onerous because of his medical condition. He also asked me to take into account the significant number of lockdown days Mr. Power endured. He also emphasized that Mr. Power is motivated to make a break from his past, obtain employment and contribute meaningfully to his family. He has already taken a step in this direction by upgrading his literacy.

Analysis

[40] Both counsel relied on the helpful judgment of Code J. in R. v. Tourville, 2011 ONSC 1677 for guidance in ascertaining the appropriate range of sentence for an aggravated assault. After analyzing many of the sentencing decisions in respect of this offence, in particular decisions of the Court of Appeal, Code J. identified three categories of cases: exceptional cases, mid-range cases and cases at the high end of the range. I leave aside exceptional cases. No one suggested that this case falls into the exceptional category.

[41] Code J. described mid-range cases generally as ones involving first offenders containing some elements suggestive of consent fighting where the accused resorts to excessive force. He said that these cases attract reformatory sentences. He described cases at the high end of the range as ones involving recidivists with serious criminal records or “unprovoked” or “premeditated” assaults with no suggestion of any elements of consent or self-defence. He said that these cases attract sentences of 4 to 6 years of imprisonment. Of course neither the descriptions of these categories, nor the sentences they are said to attract, are air-tight. The crime of aggravated assault is committed in a myriad of circumstances by a wide array of offenders, and the sentences can fall above or below the ranges identified by Code J. in appropriate circumstances. Nevertheless, his guidelines are most helpful.

[42] Despite the submissions of counsel for Mr. Power, this case unquestionably falls into the high end of the range category. The offender is a recidivist with a serious and persistent criminal record, and the aggravated assault he committed was very serious, unprovoked, and involved no elements of consent or self-defence. Added to that is the fact that the offender was on judicial interim release when he committed the offence, and, in addition, must also be sentenced for two breaches of a probation order that he was also subject to at the time of the aggravated assault.

[43] Having regard to the circumstances of the offence and the offender’s criminal record, I would ordinarily impose a sentence at or near 7 years. However the offender’s unfortunate background and history, and his motivation to change his life must also be taken into account, as I will explain.

[44] First, I accept that the offender’s mother was aboriginal, and although his connection to the aboriginal community is fragmented at best, he is entitled to the benefit of the Gladue principles, and to the remedial effect of s. 718.2(e) of the Criminal Code. I must consider the systematic or background factors that may have played a part in bringing Mr. Power before the Court, and exercise restraint in imposing sentence on him. In a case like this, where denunciation and deterrence are the primary sentencing objectives, there is no alternative to imprisonment, but the length of the term must be carefully considered in light of this principle of restraint. Of course, in view of the violence involved in this offence, the term of imprisonment I impose will be closer to the sentence I would impose absent Mr. Power’s aboriginal background than it would be in the case of a less violent offence.

[45] Second, regardless of Mr. Power’s aboriginality, I must bear in mind the contribution of Mr. Power’s very troubling background to his criminal history, and to the commission of this offence.

[46] Third, while Mr. Power’s commitment to changing his life, at present, amounts to little more than optimistic words spoken by a prisoner, there are some positive signs. First his love of his wife and young children, and his aspirations arising from his first experience of positive family life seem genuine. Second, his efforts at literacy for the first time provide some indication of a real commitment to change.

[47] In addition, I take into account that Mr. Power’s time in custody was particularly onerous because of his medical condition, and, to a lesser degree, his experience with lockdowns.

[48] Doing my best to give effect to the predominance of the goals of denunciation and deterrence for this very serious offence without losing sight of Mr. Power’s aboriginality, bearing in mind Mr. Power’s criminal record, and taking into account Mr. Power’s background, difficulties while in custody, his commitment to changing his life and the steps he has begun to take to do so, I am of the view that a total sentence of 5 years is the least sentence I can impose. I will accomplish this by imposing a sentence of 5 years for the offence of aggravated assault, and 9 months concurrent on each of the breach of probation offences. While the sentences for breach of probation would ordinarily be consecutive to the sentence for aggravated assault, I make them concurrent in this case to ensure that the total sentence is not excessive.

[49] Subtracted from the sentence of five years is consideration for Mr. Power’s pre-sentence custody. As of today, he has served 905 days in pre-sentenced custody. Giving him 1.5 days of credit for each of those days pursuant to s. 719(3.1) of the Criminal Code, he is entitled to a total of 1,358 days credit, or 3 years and 263 days. As a result, the actual sentence will be a further 1 year and 102 days.

Disposition

[50] For the offence of aggravated assault, Mr. Power is sentenced to imprisonment for 5 years less credit of 3 years and 263 days resulting in an effective sentence of 1 year and 102 days. For each of the offences of breach of probation, he is sentenced to imprisonment for 9 months, concurrent to each other and to the sentence for aggravated assault. In addition I make an order pursuant to s. 487.051(1) of the Criminal Code, and I will hear counsel’s submissions with respect to an order under s. 109 of the Criminal Code.

M. DAMBROT J.

RELEASED: February 5, 2018

COURT FILE NO.: CR-17-50000573-0000 and CR-17-50000173-0000

DATE: 20180205

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

HER MAJESTY THE QUEEN

- and -

GERALD POWER

REASONS FOR SENTENCE

M. DAMBROT J.

RELEASED: February 5, 2018