Court File and Parties

COURT FILE NO.: CR-19-15014

DATE: 20210528

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

HER MAJESTY THE QUEEN

– and –

ADAM STRONG

Defendant

Counsel:

Jinwon Kim and Bryan Guertin, for the Crown

Tom Balka and Justin Guile, for the Defendant

HEARD: May 27 and 28, 2021

REASONS FOR SENTENCE

DI LUCA J.:

[1] Adam Strong has been convicted of the first degree murder of Rori Hache and the manslaughter of Kandis Fitzpatrick. He is now before me for sentencing.

[2] The facts of the offences are gruesome in the extreme. I have set them out in detail in my reasons for judgment and I need not repeat them here apart from providing the following very brief overview.

[3] Rori Hache was a young, vulnerable woman. She ended up in Mr. Strong’s basement apartment where she was murdered during a sexual assault. Her death was caused by a number of blows to the head with a blunt object. She was then dismembered. Her body parts, including her reproductive organs, were mutilated. Her torso was thrown in Lake Ontario. Her head, de-fleshed limbs and pelvis were stored for several months in a freezer in Mr. Strong’s bedroom. Her flesh and internal organs were flushed down the drain. The discovery of her remains in Mr. Strong’s apartment was precipitated by nothing more than a clogged drain.

[4] Kandis Fitzpatrick was a young, vulnerable woman. Almost ten years prior to Ms. Hache’s death, she also ended up in Mr. Strong’s basement apartment where she was killed by Mr. Strong in some unknown though unlawful manner. She too was dismembered and disposed of. Her body has never been and likely never will be located. The discovery of her remains, which amounted to little more than a shred of flesh and a few drops of blood, was occasioned by the detailed and methodical forensic searches of Mr. Strong’s apartment following his arrest for the murder of Rori Hache.

[5] Mr. Strong is 48 years of age. He has no prior criminal record. While he has an adult son from a prior relationship, he has no current ties to or support from a family. He had a difficult upbringing that included sexual abuse and neglect. He had a poor relationship with his mother, who did not support him once he was charged with these offences. Despite his challenges, it appears that Mr. Strong has managed to maintain relatively steady employment and maintain a number of friendships.

[6] The sentence I impose today can never undo the harm Adam Strong has caused. It can never erase the horrors that the families of the victims have endured. It can never change the final moments of Ms. Hache’s and Ms. Fitzpatrick’s life and it cannot bring them back.

[7] It can, however, do one thing. It can ensure that Adam Strong will never again walk completely free in our community. In fact, the sentence I will impose will likely ensure that he will never even get out of prison. While the Parole Board will one day consider whether he should be released, it will have a copy of my reasons for judgment, the exhibits, and a copy of these reasons before it for consideration. I have no doubt that the Parole Board will be struck by the brutal and predatory nature of Mr. Strong’s crimes. I also have no doubt that the cold, callous nature of the dismemberment and disposal of the bodies of these two young women will leave a mark on the Parole Board, much like it has left a mark on everyone in this courtroom. In short, even though the Parole Board will convene many years down the road, the passage of time will not dull the picture that will be presented. It will always be one of stark horror.

[8] I now turn briefly to the Victim Impact Statements. Yesterday, I had the great benefit of receiving 13 Victim Impact Statements from Ms. Hache’s and Ms. Fitzpatrick’s various family members. I also watched a moving montage of photos depicting Ms. Hache and Ms. Fitzpatrick as young children and into their teens.

[9] The Victim Impact Statements capture the breadth and depth of the devastation caused by Mr. Strong. It is not an understatement to say that he has demolished a number of lives. These survivors, who bravely came before me and laid out their anguish, will spend the rest of their lives trying to heal, trying to make sense of what happened and trying to rebuild and move on.

[10] While all the Victim Impact Statements were meaningful and moving, I want to briefly note two that were particularly moving, though in doing so I am in no way diminishing the others.

[11] Shanan Dionne is Rori Hache’s mother. Unfortunately, due to COVID, she was unable to read her statement to me in person. In her stead, the Crown read it into the record. Ms. Dionne describes with glowing warmth how Rori was her one true love in life. A perfect, beautiful and amazing child who fought like a champion yet had the ability to soften the hardest of hearts. Her sense of joy and wonder over Rori in life was immense and her sense of loss over Rori’s death bottomless.

[12] Bill Fitzpatrick is Kandis Fitzpatrick’s father. In his Victim Impact Statement, he describes how Kandis was a born fighter who overcame many obstacles in her early life. He describes the challenges he faced as a single father raising a number of children, including Kandis. He also describes the challenges that Kandis faced as she struggled with her demons and turned to drugs. Mr. Fitzpatrick’s love for his daughter is endless and it shows. The photo of him and Kandis included in the Victim Impact Statement is one which will remain with me throughout my career as a judge.

[13] I turn next to consider the appropriate sentence for each offence.

[14] I will start with the first degree murder of Rori Hache. The sentence on that count is dictated by statute. It is both a mandatory minimum punishment and also the most severe punishment available in our justice system. Mr. Strong will be imprisoned for life. He will not be eligible to apply for parole until December 29, 2042, which is 25 years after his date of arrest.

[15] To be clear, December 29, 2042 is not a release date. It is simply the date on which he can apply for parole. If the Parole Board does not grant Mr. Strong parole on that date or thereafter, he will remain in jail for the rest of his life.

[16] On any assessment of the facts of this case, a sentence of life imprisonment with no chance of parole for at least 25 years is entirely and categorically deserved. No other sentence could adequately or even remotely denounce what Mr. Strong did to Rori Hache. Indeed, I can readily conclude that even if it was not the mandatory sentence for this offence, it would be the sentence I would nonetheless impose given the horrific gravity of the offence and the almost complete absence of mitigating factors. Rori Hache was bludgeoned to death while in a BDSM restraint in Mr. Strong’s bedroom. Her final moments must have been terror filled. The indignity then committed to her body was as horrifying as can possibly be imagined. Indeed, it is difficult to conjure a more disturbing set of facts.

[17] The impact of this offence on Rori Hache’s family is immeasurable. Her loss will be forever felt by those closest to her. I hope her family continues to find the strength and resolve to move forward and to one day heal.

[18] I turn next to Kandis Fitzpatrick. I want to start by noting that the sentence I impose is in no way meant to diminish her life and her death as compared with Rori Hache. Both Ms. Fitzpatrick and Ms. Hache were equally loved and cherished by their respective families, both were young and vulnerable, and both suffered an unspeakable end.

[19] I convicted Mr. Strong of manslaughter. In other words, I convicted of him of unlawfully killing Kandis Fitzpatrick. That is the offence he is to be punished for, not the original offence of murder. The Crown seeks a sentence of 18 years imprisonment. The Crown argues that a constellation of aggravating features warrants the imposition of a stiff sentence at the very high end of the range revealed in the case law.

[20] The defence argues that a sentence of 8-10 years imprisonment is fit and appropriate in the circumstances of this case.

[21] The sentence I impose on this count is largely academic as by operation of law, it must run concurrently with the life sentence I will impose in relation to the first degree murder of Rori Hache. As such, it will expire long before Mr. Strong is even eligible to apply for parole. Nonetheless, I must consider the applicable sentencing principles and impose a fit sentence that is proportionate to the gravity of the offence and the degree of responsibility of the offender.

[22] In my view, given the nature of the offence, the operative sentencing principles are denunciation and deterrence. The principle of rehabilitation has extremely limited applicability despite the fact that this was Mr. Strong’s first criminal offence.

[23] In terms of the gravity of the offence, I note that Mr. Strong was only convicted of manslaughter, and not murder. I cannot sentence him for murder. I must sentence him for unlawfully causing Ms. Fitzpatrick’s death in some unknown way. That said, I do infer that whatever he did to Ms. Fitzpatrick to cause her death, he then felt the need to dismember and dispose of her body down to almost the last blood drop and shred of tissue. She will never be recovered. Her family has no body or even remains to bury. This is a significantly aggravating factor.

[24] I further note that at the time of her death, Ms. Fitzpatrick was a young vulnerable woman struggling with addiction and related issues. I have no doubt her vulnerable state was what resulted in her being inside Mr. Strong’s apartment. The fact that he took advantage of her vulnerability is also a significant aggravating factor.

[25] The nature of harm caused is at the extreme end of the spectrum. Ms. Fitzpatrick lost her life. Her family has been devastated and torn apart by what happened. They lived for almost a decade searching for her whereabouts while maintaining the slimmest hope that she might still be alive. Their hopes were dashed when her DNA was discovered in Mr. Strong’s basement apartment. The impact of the offence on the Fitzpatrick family is in a word, crushing. I hope they too continue to find the strength and resolve to move forward and one day heal.

[26] I also note there are essentially no mitigating factors. While Mr. Strong had a difficult upbringing, it is difficult to see how those challenges mitigate the nature of the offence committed. Further, Mr. Strong has shown no remorse. Indeed, in his statement to police he specifically notes that he has no remorse for Ms. Fitzpatrick and only feels bad for getting caught.

[27] While at the time of the commission of this offence he had no criminal record, after he committed this offence he went on almost a decade later to sexually assault and murder Rori Hache. As such, Mr. Strong has demonstrated in the clearest way possible that he has no rehabilitative prospects.

[28] In terms of the range of sentence, I have been provided with a range of sentencing authorities from both the defence and the Crown. As the Crown fairly notes, this is not an easy case to place within a range given the gruesome nature of the post offence conduct and the factual backdrop including Ms. Fitzpatrick’s vulnerabilities. I also note that many of the cases provided involve guilty pleas, an absence of extreme post offence conduct and the presence of significant mitigating factors. As a result, many of the cases provided are of minimal assistance. That said, I find the following cases to be of particular relevance; R. v. McKenzie, 2000 ABQB 238 aff’d at 2002 ABCA 151, R. v. Dunlop 2015 ABQB 770, and R. v. Wiszniowski, 2006 CarswellOnt 7316 (Ont.S.C.J.)

[29] From all the authorities provided for manslaughter cases coupled with the aggravating features of a vulnerable victim and an indignity to the victim’s body, I can discern a rough range of 8 to 18.5 years. Cases at the low end of that range generally involve guilty pleas, limited interference with the victim’s body and significant mitigating circumstances. Cases at the higher end usually do not have the discount of a guilty plea and/or involve more significant forms of indignity along with the presence of other aggravating features.

[30] In the event that I am wrong in identifying this range, I note that in R. v. Lacasse, 2015 SCC 64, [2015] 3 S.C.R. 1089, the Supreme Court of Canada has made it clear that sentence ranges are not fixed goal posts. In appropriate cases, judges can exceed a range where a proper application of the principles of sentencing warrant a departure. In my view, this is one of those cases.

[31] When I consider all the relevant sentencing principles, particularly Mr. Strong’s moral culpability, the extreme and virtually absolute desecration of Ms. Fitzpatrick’s body, the almost complete absence of mitigating feature, I conclude that a sentence at the very high end of the range is appropriate in the circumstances of this case.

[32] I will now impose sentence. Mr. Strong, please stand.

[33] On count two in the indictment, which is the first degree murder of Rori Hache, I sentence you to life in prison with no eligibility for parole for 25 years.

[34] On count one in the indictment, which is the manslaughter of Kandis Fitzpatrick, I sentence you to 18 years in prison to be served concurrently.

[35] I also impose the following ancillary orders in relation to both offences:

a. A DNA Order;

b. A weapons prohibition order under section 109 of the Code for life; and,

c. A non-communication order under section 743.21 of the Code in relation to any of the persons who gave Victim Impact Statements as well as the immediate families of Rori Hache and Kandis Fitzpatrick. The order shall remain in force for the duration of the time you spend in custody.

[36] In relation to the count of first degree murder – as I have concluded that the offence occurred during the commission of a sexual assault, I also impose an order to comply with the Sex Offender Registry Order under section. 490.012(2) of the Code.

[37] Lastly, given the fact that you will likely spend the rest of your life in prison and will have no means of paying, I decline to impose the Victim Fine Surcharge.

[38] Mr. Strong, you are a dangerous predator. You decided to feed your selfish desires and in doing so you took two young vulnerable lives. You murdered Rori Hache, you butchered her body and you disposed of her inhumanely. You unlawfully caused Kandis Fitzpatrick’s death, you butchered her body and managed to deny her family the ability to lay her remains to rest.

[39] You not only took these two young vulnerable lives, you also entirely destroyed the lives of those people who stood closest to them, loved them and cared about them.

[40] You may never be capable of feeling the true weight of the damage you have caused, but as the days turn to months and the months turn to years, I sincerely hope you come to realize what you have done.

[41] But for now, your moment before us is done. From here, you will go to prison. In all likelihood, you will never be seen in public again. In time, you will be forgotten, perhaps not by the families of the victims, but by the rest of society. You will be neither famous nor infamous. You will simply be gone.

[42] Court officers, please remove the prisoner.

Justice J. Di Luca

Released: May 28, 2021

ONTARIO

SUPERIOR COURT OF JUSTICE

HER MAJESTY THE QUEEN

– and –

ADAM STRONG

Defendant

REASONS FOR SENTENCE

Justice J. Di Luca

Released: May 28, 2021