R. v. Delorme, 2021 ONSC 7965

CITATION: R. v. Delorme, 2021 ONSC 7965

COURT FILE NO.: 20-60

DATE: 2021/12/07

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

HER MAJESTY THE QUEEN

– and –

Clayton Delorme

Defendant

Elaine Evans, counsel for the Crown

Gary Chayko, counsel for the Defendant

HEARD: June 16, 2021, October 6, 2021, December 3, 2021

reasons for Sentence

Lafrance-cardinal, j.

1On June 16, 2019, Clayton Delorme pled guilty to assaulting Jerraki Thompson-Mondoux and Dr. Ahmed Alsakha. He pled not guilty to attempt murder against Ashley David-Thompson but rather guilty to aggravated assault contrary to s. 261(1) of the Criminal Code.

2The assault charges carries a maximum sentence of 5 years and the aggravated assault carries a maximum sentence of 14 years.

Facts of the Case

3The accused, Clayton Delorme and the victim, Ashley Thompson were involved in an intimate relationship and resided together since approximately October of 2017. They had no children together however, Ms. Thompson has two children from a previous relationship, Jerraki Thompson-Mondoux and Jannakai Thompson-Mondoux.

4On December 5th, 2019, at approximately 10 p.m., police were dispatched as a good Samaritan had come across two young children walking on 7th Street with a dog. Both children did not have any footwear nor jackets. This person believed that the children had ran from their residence. Jerraki had advised that he had been hit by a male at his home and that the male had also hit his mother. Police were able to identify the aggressor as Clayton Delorme, both children were visibly upset and crying. The Constable did observe Jerraki to have redness on the right side of his face, his cheek and jaw area were swollen. Jerraki was able to give police his address and indicated that there was a broken window at the home. Police determined that Clayton Delorme was currently wanted on an outstanding warrant. Police developed a plan to enter the premises. When police arrived, they noticed that the front window was smashed, and Mr. Delorme was observed laying on a couch in the living room by the window. Police could tell that the residence was in a state of disarray, but they could see no sign of Ms.Thompson through the window. Once entry was made, the officers needed to deploy the taser as Mr. Delorme was aggressive, uncooperative and in a high state of agitation.

5Ms. Thompson was located in the back bedroom of the residence with severe injuries, she was found underneath a television. She had severe facial trauma and there was blood pooling around her head. She was having difficulty breathing and she was unable to respond. Ms. Thompson was assisted by paramedics and was brought to the hospital.

6Meanwhile, because the taser had been deployed, Mr. Delorme was brought to the Cornwall Hospital and he proceeded to kick Dr. Alsakha on the right side of his face with his foot. Mr. Delorme was on some sort of a drug, he was sweaty, wide-eyed. He advised police and the doctor that he had taken speed and crack cocaine. While in the hospital, he uttered threats to police, he assaulted a police officer, he was put on a restraint bed with a spit mask and sedated.

7The next day, as Mr. Delorme was awaiting bail, a cellblock video shows him speaking to someone in the cell beside him, we see movements of Mr. Delorme stomping something on the ground and movements of taking something over his head and throwing it towards the floor. It seems to be a re-enaction of the aggravated assault against Ms. Thompson.

Injuries of the victim

8Dr. Brian Drake assistant professor of surgery at the department of neurosurgery writes a letter dated January 25th, 2021 filed as exhibit 2 and an up-to-date letter dated September 22nd, 2021 filed as exhibit #7. The doctor in the first letter in medical terms indicates that when Ashley was admitted, she could not breathe on her own, she had to be put on a respirator, she was fed through a feeding tube, they had to relieve the pressure in her skull through surgery. In January of 2021, Ms. Thompson remained non-verbal, she required total care, she was bed-ridden, unable to walk and unable to attend to her own bodily needs. She required constant nursing care. One year after her brain injury, the prognosis for her ultimate recovery was poor. The doctor indicated that she was at risk to develop medical complications such as thrombosis. After a very long stay at the Ottawa Hospital and at the Cornwall Hospital, she is now in a chronic care facility since January of 2021. The doctor in his letter of September 22nd, 2021, indicates that her prognosis remains the same. She does not interact in a meaningful way. She is non-verbal, she does not follow or make commands. She requires total care. She is bed-ridden, unable to walk, unable to attend to her own bodily needs. Two years after her brain injury, the prognosis for her ultimate recovery remains poor. She’s not expected to improve from current state or level of function. She will be left with permanent disability and will require full-time care for the remainder of her life. Again, she is at risk of developing medical complications because of or as a result of the injuries of her initial assault.

Victim impact statements

9Initially, nine victim impact statements were filed for the court’s consideration. Six were from family members and extended family members, two were from friends of Ms. Thompson’s and one was from the police officer who attended at the scene.

10All of the victim impact statements are heart-wrenching and they talk about not being able to partake in the simple pleasures of life with Ashley. There is no more talking on the phone, sharing the ups and downs of the day, there’s no longer playing radio bingo or going shopping. They talk about how the children, on a daily basis, are paying the price of this vicious attack. The children suffer from PTSD, they are having difficulty sleeping, there will never be anymore Christmases or birthdays with their mom as they knew her, just memories which unfortunately will slowly fade. After the event, they slowly started talking about witnessing Mr. Delorme savagely beat their mom, they saw their mom’s teeth scattered through the room, Jerraki would have thought of using his toy bat to make the accused stop hitting his mom but then thought better of it. They have been through three trauma therapists and are now seeing a fourth, there will be many years of therapy to heal those psychological scars. The maternal grandmother now dedicates her life to assist in her daughter’s well-being. This is now her full-time job which causes her financial difficulties, no doubt, but also leaves her worried about her grandchildren and the road that lies ahead.

11At a subsequent hearing, three more victim impact statements were filed, one from Chief Vanessa Adams of the Mohawk Council of Akwesasne, one from Angie Barnes in 23 individual packages signed by approximately 1000 citizens and one from the St. Regis Mohawk Council setting all of the services that are available to them. The victim impact statements talk of the unimaginable grief suffered by the Mohawk community. They speak of their concern that “justice will not prevail due to her Indigenous status.” The 1000 citizens who signed Ms. Barnes victim impact statement is a collective community statement, they want their voices to be heard. There were passages that needed to be removed but they speak of the secondary victimizations suffered by all, not just by Ashley and her family. They speak of their dissatisfaction with the plea taken as they believe it was an attempt murder and they are concerned that the accused will not be sentenced to the fullest extent of the law. They speak of many other concerns that are not within the jurisdiction of this criminal court which includes the custody of the grandchildren, the cultural identity of the grandchildren, the financial compensation that Mr. Delorme should be made to pay for dental work and/or for Ashley’s ongoing care, for lost wages of the grandmother. Those matters are to be dealt with in a civil court. They ask that the accused never be able to step foot and enter the community of Akwesasne, that will be a request they will be able to reiterate at the parole board.

12The citizens of the Akwesasne community are grieving the loss of a vibrant young woman, of a vibrant young daughter and of a vibrant young mother.

Pre-Sentence Report

13The Pre-Sentence report indicates that Mr. Delorme was raised in a dysfunctional family. His dad had a serious alcohol problem and was often incarcerated. His mother spiralled downward once his brother died in a motor vehicle accident. Mr. Delorme was cheating on Ms. Thompson with the mother of his 15-year-old daughter who was placed for adoption at birth. He indicates that he began using illicit drugs because he felt guilt associated with this affair. The mother and aunt of the victim described Mr. Delorme as being controlling and possessive. Mr. Delorme completed grade 8 and quit in grade 9 because he was having great difficulties with reading and writing. He has been on ODSP since the age of 21 due to these difficulties and a learning disability. Mr. Delorme also had issues with alcohol which made it such that he had difficulty maintaining any job. He claims that he apparently quit cold turkey at the age of 28. He started using marijuana at the age of 17 and has used other drugs such as cocaine, on and off for his whole life. Mr. Delorme indicates that he was sexually abused by a maternal uncle at the age 6, that he told his mom, but that he has never attended counselling for it. He would turn to alcohol and drugs when having a bad day and he indicates it only made it worst. At the age of 28, the accused got drunk one night and beat up his dad. He admits to using illicit drugs for at least two years on a regular basis before and leading up to the current offence. The Pre-Sentence report indicates that Mr. Delorme has very little remorse. He speaks about how it has changed his life, how he will be incarcerated for a long time, how he just wants his life back. He does acknowledge the harm done to the children but fails to identify the gravity of the situation for the victim and for those who love her and care for her. Ms. Tessier describes herself as the offender’s biggest support and a positive influence in his life, but she too fails to identify the harm caused to the victim as she only focuses on the repercussions of Mr. Delorme’s incarceration. Both Ms. Tessier and Mr. Delorme lack insight. The probation officer makes very specific recommendations as to the counselling that this gentleman will need in order to become a law-abiding citizen. Those recommendations should be strictly followed by the incarceration authorities.

Letter written to the court

14Exhibit #24 is a letter written by Mr. Delorme and given to the court as his means of explaining what he is going through. Mr. Delorme, in the three-page letter, blames the event in question to the drugs that were ingested prior to the occurrence, at page 2, he indicates “ I suffered from a schizophrenic episode on this particular night, one I’ve suffered from in the past due to an excessive consumption of narcotics, never would I have laid a finger on Ashley if I had been sober and to suggest such a thing would be a total error.” He explains his behaviour as follows:

“It’s almost as though I was possessed by something in-human, at least it seems this way from what I understand about demonic possession. By re-kindeling my faith in God this last year I’ve been given confirmation through my spirit that this idea of a drug induced possession is plausible. The crystal meth caused my soul to be tethered by only a small rope, allowing what ever was in control of my body to do to Ashley what was done.”

Mr. Delorme’s remorse is not heart-felt.

Principles of Sentencing

15Section 718 of the Criminal Code sets out the objectives of the principles of Sentencing

718 The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

(a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;

(b) to deter the offender and other persons from committing offences;

(c) to separate offenders from society, where necessary;

(d) to assist in rehabilitating offenders;

(e) to provide reparations for harm done to victims or to the community; and

(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims

16Section 718.2 indicates that a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender.

17The mitigating factors in this case are as follows:

a) The plea of guilt, acknowledging wrongdoing and taking ownership for his actions. The plea made it such that the family and the community did not have to re-live every horrendous detail of the night in question. Most importantly, the children did not have to testify as to what they witnessed the day their mother was taken from them.

18There are many aggravating factors:

a) A serious vicious assault on his partner, where the prognosis is that she will be institutionalized for the rest of her life. It is specifically aggravating under s.718.2(a)(ii).

b) An assault on his partner’s young son, just a little boy, which is deemed aggravating under s718.2 (a) (ii) (ii.1). The children witnessed the vicious assault, their lives changed forever.

c) It is a breach of trust; he was in a position of trust vis-à-vis Ashley and vis-à-vis the children and that is deemed aggravating under s.718.2(iii).

d) The offence had a significant impact on the victim, certainly physically, emotionally, psychologically and financially. It is deemed aggravating under s.718.2(a)(iii.1).

e) The offender’s criminal record. Mr. Delorme has a criminal record as an adult commencing in 2006 and ending in January 2018. His longest period of incarceration was less than one year. He has been found guilty of crimes of violence.

f) Ashley was in her home, the home she shared with her two children and Mr. Delorme. It was her safe place. No one fathoms that life as you know it will end on the floor of your own bedroom.

Vulnerability of Victim

19Section 718.201 states:

718.201 A court that imposes a sentence in respect of an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular attention to the circumstances of Aboriginal female victims.

20The court takes into consideration the increased vulnerability of Ashley, a young vibrant aboriginal woman, mother, daughter and friend. A beloved member of the Akwesasne community.

21Section 718.2 (b) of the Criminal Code also states that a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances.

22Sentencing in general is not a perfect science but, in this case, both Crown and Defence concede that the maximum sentence of 14 years for the aggravated assault should be imposed.

23It is very rare that a maximum sentence is imposed. In the decision of R. v. Cheddesingh 2004 SCC 16, [2004] 1 S.C.R. 433, 182 C.C.C. (3d) 37, the court states that in imposing the maximum sentence all relevant factors must be considered.

“A maximum penalty of any kind, will, by its very nature, be imposed only rarely and is only appropriate if the offence is of sufficient gravity and the offender displays sufficient blameworthiness. The inquiry must proceed on a case-by-case basis.”

Conclusion

24Mr. Delorme if you could stand please:

25Considering the sentencing principles objectives found in s.718 of the Criminal Code, considering the many noted aggravated factors found in this case, considering the vulnerability of this young mother, considering the harm done to this family and to the Akwesasne community, I sentence you as follows:

1. On count #6, having committed an aggravated assault on Ashley David Thompson, contrary to s.261(1) of the Criminal Code, I sentence you to the maximum sentence permitted by law, that being 14 years incarceration.

2. On count #4, having assaulted Jerraki Thompson-Mondoux, contrary to s.266, I sentence you to 1 year jail consecutive.

3. On count #2, having assaulted Dr. Alsakha, contrary to s.266, I sentence you to 1 year jail to be served concurrently.

4. There will be a mandatory DNA order under s.261(1), it is a primary designated offence and a DNA order on the secondary designated assault offences.

5. There will be a lifetime weapon prohibition under s.109.

6. There will be an order under s.743.21 prohibiting you from communicating directly or indirectly, with Ashley David-Thompson, with her two children, and everyone who has provided a victim impact statement on this matter. This prohibition order will continue for as long as you are incarcerated.

26I must also take into consideration the time you have already spent in custody. The calculation that was provided to me indicates that as of today’s date you have served the equivalent of 1220 days or 3.38 years. You have been in custody since the date of the offence being December 5th, 2019. One year will be inscribed as time served for count #4.

27On count #6, the warrant will indicate 2.38 year time served, leaving a balance of 11.62 years to serve as of today’s date.

The Honourable Justice Lafrance-Cardinal

Released: December 7, 2021

CITATION: R. v. Delorme, 2021 ONSC 7965