COURT FILE NO.: CR18-021 DATE: 20220414

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

HER MAJESTY THE QUEEN – and – J.W. Accused

Counsel: Monica Heine, for the Crown Sarah Black, for the Accused

HEARD: March 8, 2022

REASONS FOR JUDGMENT RE SENTENCING

AITKEN J.

Nature of Proceedings

[1] On November 26, 2021, J. W. pled guilty and was found guilty of the following offences: (1) sexual assault of K. G., contrary to s. 271 of the Criminal Code, R.S.C. 1985, c. C-46; (2) threaten to cause death to K. G., contrary to s. 264.1(1)(a) of the Code; and (3) unlawful confinement of K. G., contrary to s. 279(2) of the Code. It is now my task to sentence Mr. W. for these offences.

[2] Both J. W. and K. G. are Aboriginal.

Agreed Statement of Facts

[3] On the night of May 26-27, 2018, K. G. was the sole Residential Support Worker working at an Alliance Youth Services group home where Mr. W. was residing. At approximately 2 a.m., Mr. W. called Ms. G. up to his room, where he sexually assaulted her. She managed to escape to the living room, but Mr. W. chased her and threw her up against the wall, then dragged her back into his bedroom where the sexual assault continued. During the incident, Mr. W. forced vaginal sexual intercourse on Ms. G. No protection was used. Mr. W. ejaculated on Ms. G..

[4] During the sexual assault, Mr. W. told Ms. G. that he was going to kill her and dump her body in a lake. He took her cell phone so that she could not call anyone for help. Ms. G. tried to calm Mr. W. and reassure him that she would not tell people what he had done in the hope that, if she took that approach with him, he would not hurt her further. Mr. W. had Ms. G. record on a cell phone that the sex had been on consent, but this had not been the case.

[5] When Mr. W. was distracted, Ms. G. managed to send a text to her supervisor at 3:26 a.m. saying simply “911”. He contacted police and a constable arrived on the scene at 3:57 a.m. When he entered the residence, Ms. G. came out of the bathroom, clearly very upset. She immediately said: “help me”, “he raped me”. The officer located Mr. W., searched him, found a pair of handcuffs on him which he claimed to use with his girlfriend, and put him into the police cruiser while he interviewed Ms. G.. When the officer returned to the house, Ms. G. was on all fours on the bathroom floor crying heavily.

[6] DNA testing showed that Mr. W. could not be excluded as a contributor to the DNA mixture from Ms. G.’s oral swab, external genitalia swab, and vaginal swab.

[7] Mr. W. is six feet five inches and weighs 230-240 pounds. Ms. G. is five feet four inches.

[8] Ms. G. was left with abrasions on her feet and legs, bruising on her inner thigh, and bruising on her arm.

History of Proceedings

[9] This case has taken an inordinately long time to get to the sentencing stage. Here are some relevant dates and reasons for the delay:

• May 27, 2018: date of arrest
• June 21, 2018: bail hearing held
• June 27, 2018 and August 9, 2018: judicial pre-trials held
• October 1, 2018: preliminary inquiry held, committal to the Superior Court of Justice
• November 2, 2018: re-election to the Ontario Court of Justice for purpose of resolution
• November 8, 2018: guilty plea in the Ontario Court of Justice, Gladue Report ordered.
• March 28, 2019: guilty plea struck, Mr. W. committed to trial in the Superior Court of Justice, Mr. W.’s first counsel removed as counsel of record
• July 12, 2019: judicial pre-trial held in the Superior Court of Justice
• September 6, 2019: date scheduled for plea and sentencing
• September 25, 2019: Mr. W. resiled from the resolution
• December 13, 2019: date scheduled for plea and sentencing
• February 14 & 20, 2020: Mr. W.’s second counsel fired and removed from the record
• March 6, 2020: Mr. W.’s third counsel goes on the record
• April 24 - July 10, 2020: scheduled judicial pre-trials adjourned
• August 10, 2020: three-day assessment ordered
• September 16, 2020: thirty-day assessment ordered
• January 15, 2021: make fit hearing held
• January 22, 2021: Mr. W. found unfit; treatment order made
• March 5, 2021: Mr. W.’s third counsel fired; treatment order extended
• May 14, 2021: Mr. W. found fit
• July 16, 2021: Mr. W.’s fourth counsel requests NCR assessment
• November 10, 2021: report from Providence Care Hospital not supporting an NCR finding

[10] As can be seen, most of the reasons for delay were caused by or initiated by Mr. W. What has been particularly challenging for Ms. G. and her family are the number of times Mr. W. has indicated he would plead guilty and accept responsibility for what he had done and then his resiling from this course of action. Ms. G. and her family have been on an emotional roller coaster for four years.

Victim Impact Statements

[11] K. G. considers May 27, 2018, the worst day of her life because of the brutality of the events and because they have stayed with her and have impacted all aspects of her life. At the time, she was a student in the Social Service Worker Program at St. Lawrence College. She was excited about getting a job in her field prior to graduation. She was passionate about her work and wanted to help people. The events of May 27, 2018 have left her terrified to work in her chosen field because she is afraid of being hurt again. She tried to return to this type of work, but the trauma she experienced at the hands of Mr. W. meant she simply could not do the work.

[12] Ms. G. has had months of professional therapy and counselling; however, she is still struggling. Relationships with family and friends became strained because she had trouble letting people be close to her physically and they did not know how to be near her or to help her. She has lost her cheerful spirit and has a sense of hopelessness that has turned into depression and anxiety. She feels dirty and worthless, and this makes it difficult when forging relationships. Thankfully, her current partner has shown her much patience and kindness.

[13] Ms. G.’s father, D.S. said May 27, 2018, turned his worst nightmare as a father into reality. He felt he had failed his daughter because he had not been able to protect her from what happened. As a status native who grew up on a reservation in Quebec, he was particularly angry and upset that an Aboriginal person had done this to her.

Position of the Parties

[14] Both the Crown and the Defence acknowledge that Mr. W.’s offences call for a lengthy period of incarceration. They differ slightly on the appropriate range of sentence. More significant is their disagreement as to the credit Mr. W. should receive for pre-sentence custody respecting the time he was at the Providence Care Hospital.

[15] The Crown is seeking a sentence of eight to ten years plus ancillary orders. In the calculation of pre-sentence custody, the Crown asks that Mr. W.’s time at detention centres be credited at 1.5:1 and that his time at the Providence Care Hospital be credited on a 1:1 basis. This would result in Mr. W. receiving a total credit of 4.8 years which would reduce the balance remaining on his sentence to a range of 3.2 to 5.2 years to be served in a federal institution.

[16] The Defence is seeking a sentence of 7.5 years with Mr. W.’s time at both the detention centres and at the Providence Care Hospital credited at 1.5:1. This would result in Mr. W. receiving a total credit of 5.5 years which would reduce the balance remaining on his sentence to a range that would allow him to serve his sentence in provincial custody and hopefully at the St. Lawrence Correctional and Treatment Centre, Secure Treatment Unit. The Defence asks that this period of incarceration be followed with three years’ probation.

Purpose and Principles of Sentencing

[17] 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. With crimes of sexual violence, the most pressing objectives of sentencing are denunciation, general deterrence, and specific deterrence. Separating offenders who pose a continuing threat to others is also important. Although the rehabilitation of an offender – particularly a young Aboriginal offender – is always a goal, that objective is tempered by the importance of the above objectives: Code, ss. 718.2(e) and s. 718.04.

[18] When a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances – including because the person is Aboriginal and female – the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence: Code, s. 718.04.

[19] A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender: Code, s. 718.1.

Circumstances of the Offender

[20] J. W. is a member of the Attawapiskat First Nation. A Gladue Report was prepared in March 2019 by the Tyendinaga Justice Circle, First Nations Technical Institute following Mr. W.’s initial plea of guilty in the Ontario Court of Justice. A Pre-sentence Report dated November 2021 was also provided. The following information is gleaned from those documents.

[21] Mr. W. is 28 years old. He was born to S. W. of the Attawapiskat First Nation, an isolated Cree community of about two thousand residents in Northern Ontario. The community has chronic problems with poor housing, lack of drinking water, inadequate sewage disposal, unemployment, drug and alcohol abuse, and suicides. Historically, Attawapiskat was one of the communities whose children were forced to attend the Fort Albany Residential School, known as St. Anne’s, one of the most notorious residential schools in Northern Ontario. Although Mr. W. is unaware of whether his family members attended the residential school, there can be no doubt that Attawapiskat as a community has been suffering from and struggling with intergenerational trauma from colonialism and residential schools.

[22] Mr. W. lived with his mother until he was seven years old. Mr. W. remembers his father being abusive with his mother and his parents separating as a result; however, numerous “step-dads” followed who were also abusive with Mr. W.’s mother. All Mr. W. remembered of his early years in Attawapiskat was alcohol and drugs. He reported starting to use alcohol and drugs at the age of seven. He was removed from his mother’s care at about that time and then lived in a series of foster homes or group homes in Attawapiskat, Moosonee, Sudbury, and Moose Factory, finally ending up with Alliance Youth Services where he lived from 2010 to 2018. Over the years, Mr. W. also had a couple of placements through Bayfield Treatment Centre.

[23] It is reported in the Pre-sentence Report that when the Children’s Aid Society became involved when Mr. W. was around seven years of age, he was already documented as having behavioural and emotional issues that included “intrusive behaviours with other individuals, difficulty with developing appropriate social skills, cognitive delays, inappropriately focusing on sexual issues, prone to touching, physical aggression, anger management problems, criminal behaviour including theft and fire-setting, and substance abuse issues”.

[24] In the Gladue Report, it stated that Mr. W. recalled being sexually abused by a man at Attawapiskat prior to his going into foster care. In the Pre-sentence Report, it stated that Mr. W. recalled being sexually assaulted by his uncle and his cousin when he initially went into foster care with an aunt and uncle. Mr. W. described being frightened in this first foster care placement because he was physically abused and bullied by some of the other children in the family.

[25] Mr. W. struggled at school. When very young on the reserve, he and his friends barely attended school. When he did attend, he got into trouble for fighting and would be expelled. Homeschooling was tried but he could not sit still. He was diagnosed as having Attention Deficit Hyperactivity Disorder (ADHD) and for a time was taking Ritalin; however, he eventually stopped taking it. It is unclear what grade Mr. W. completed but certainly he did not complete high school.

[26] Mr. W.’s challenges at school were caused in part by his significant delayed cognitive development. Mr. W. is reported as having extremely low IQ scores relating to both genetic and adaptive factors. Mr. W.’s significant cognitive deficits create barriers for him communicating with others and understanding what is being communicated to him. His cognitive deficits also make it difficult for Mr. W. to take care of his daily needs and manage things like taking his medications regularly and attending scheduled appointments. He acknowledges that he needs assistance in this regard. Since becoming an adult, Mr. W. has been in receipt of Ontario Disability Support payments.

[27] When Mr. W. became an adult, he was placed under the care of Alliance Youth Services. He was exhibiting behaviour that was documented as “on-going violence and sexual risk”. Subsequently, he required 2:1 care in a home with no other individuals except the agency workers. It was in one such home that the index offences occurred but, unfortunately, and for reasons that escape me, Ms. G. was the sole agency worker on duty that night.

[28] Following his arrest, Mr. W. was housed in the Quinte Detention Centre or the Central East Correctional Centre until he was transferred to the Providence Care Hospital for a fitness assessment, the implementation of a treatment order, and an NCR assessment. Mr. W. has continued to live at the Providence Care Hospital until the current time.

[29] According to Mr. W., he has Bi-polar Disorder, for which he takes lithium, and Fetal Alcohol Spectrum Disorder (FASD). The only psychological assessment referred to in the Gladue Report is one by Mills Psychology in which Mr. W. was diagnosed as having a psychotic disorder – either schizophrenia or psychosis secondary to FASD, and mild mental retardation, also secondary to FASD. In the Pre-sentence Report, it was reported by a social worker at the Providence Care Hospital that Mr. W. had been diagnosed with Schizophrenia Spectrum Disorder, for which he takes Olanzapine, and Anti-social Personality Disorder. Mr. W.’s mental health has been stabilized while at the Providence Care Hospital resulting in his being able to participate in a few programs, including Dialectical Behavioural Therapy (DBT), involving managing powerful emotions and learning coping skills, and Living Well, a psycho-educational group.

[30] Mr. W. has a large family of siblings and stepsiblings, many of whom unfortunately have died. He has not been in touch with his surviving siblings for years but is now reaching out to some of them on Facebook in an effort to re-establish a relationship with them. In 2016, Mr. W. connected with his biological father, to whom he now speaks regularly. Mr. W. rarely speaks to his mother.

[31] During his stay at Bayfield Treatment Centre and at Alliance Youth Services, Mr. W. was able to participate in some Indigenous cultural events, but that ended upon his incarceration. Since he has been living at the Providence Care Hospital, Mr. W. has had the opportunity of reconnecting with his cultural heritage with the help of services provided through the Tyendinaga Mohawk Territory.

[32] Crystal Haight, a Gladue Aftercare Worker with Tontakaye:ri on the Tyendinaga Mohawk Territory, listed a number of programs in which Mr. W. has expressed an interest, including Creation Story and Watha Teachings, Cree language teachings, and An Indigenous Look at Anger. These are programs that Mr. W. could participate in were he to continue to reside at the Providence Care Hospital; however, after he is sentenced, he will have to wait until he is released from prison before pursuing these opportunities. That being said, there is Indigenous programming in some correctional institutions that hopefully will enable Mr. W. to be more connected to his Aboriginal heritage.

[33] Mr. W. reported that, prior to his arrest for the index offences, he continued to drink some alcohol but, according to him, not very much – just a beer now and again after working out. In the Gladue Report, Mr. W. was reported as saying that he does not use drugs much as they affect his life and get him into trouble, but he acknowledged that he did snort “cocaine and crystal”. It was reported in the Pre-sentence Report that Mr. W. smoked marijuana regularly from the age of ten and that his use dramatically increased when he was living at the group home provided by Alliance Youth Services.

[34] When asked if there was anything that might keep him out of conflict with the law in the future, Mr. W. said drumming, singing, counselling, and working with an elder might be helpful to him.

Recommendations from Professionals

[35] In March 2019, Roseann Marble, the Native Inmate Liaison Officer at Central East Correctional Centre, and Sandy Burkett, the Native Inmate Liaison Officer at Quinte Detention Centre, raised concerns about Mr. W.’s placement following sentencing. Considering the seriousness of his offences, his developmental delay, his diagnosis of FASD, and the dysfunctional nature of his family, they feared that releasing Mr. W. back into the community as an untreated sexual offender would lead to an unsafe situation for both the community and Mr. W. They also believed that the sexual offender program offered at the Ontario Correctional Institute and the programming offered at the St. Lawrence Correctional and Treatment Centre would not be appropriate for Mr. W. They made the following recommendations instead:

In our opinion(s), [J. W.] needs to receive Indigenous Sexual Behaviour Treatment, violence prevention, and anger management just to name a few, to address his criminal behaviour pattern. Indigenous facilitation of any programming in addressing his criminal behaviour pattern is paramount in order for him to be able to comprehend what is being taught. As this writer has visited and is familiar with Waseskun Healing Lodge and its programming, this therapeutic Healing Lodge would certainly address [J. W.’s] cultural and spiritual needs which go to the root causes of his problems which led to his criminal offending.

Taking into account if a federal sentence is handed down, the NILO(s) recommendation would be for [W] to partake in the Pathways Program at Joyceville Assessment Unit (JAU) as soon as [W] is eligible … Perhaps His Honour could make a strong recommendation to [W’s] Case Management Team (CMT) that [W] attend Waseskun Healing Lodge as part of his sentencing.

[36] Jessica Warren is a case manager working with Mr. W. through Community Networks of Specialized Care (CNSC) under the Dual Diagnosis Justice Case Management Program. The CNSC is a specialized program that works collaboratively with Developmental Services Ontario to support eligible individuals who have complex behavioural, medical and/or justice needs. In March 2019, Ms. Warren advised that careful planning will be required to mitigate risk to the community once Mr. W. is released from custody. In order to ensure that future community planning is successful, she strongly recommended that Mr. W. participate in and complete a treatment program prior to his release. She also recommended that CNSC be named in an order as a collaborative planning partner so that social work is aware of who to connect with early in the discharge process. Finally, she recommended that Mr. W. be supported in the community by male staff only, but that this be revocable at the discretion of his probation officer.

[37] Lori-Ann Legget, a social worker at the Providence Care Hospital, considered it important for Mr. W. to remain in a supportive forensic mental health environment where he would have access to programming such as DBT. Both Crown and Defence counsel agree that Mr. W. will be sentenced to a period of incarceration in prison – the only question is the length of the sentence and whether it will involve incarceration in a federal or provincial institution.

[38] The author of the Pre-sentence Report recommended that Mr. W. should obtain substance abuse counselling since the index offences occurred at a time when he was high on marijuana. Due to the sexual nature of the offences against Ms. G., it was also recommended that Mr. W. complete the Ministry of the Solicitor General’s Sexual Offender Relapse Prevention Program.

Aggravating Circumstances

[39] There are many aggravating circumstances in this case:

• Mr. W. does not have a significant adult criminal record. He only has one conviction for assault from August 2019 for which he was sentenced to seven days custody. Therefore, his adult criminal record is not a significant aggravating factor.
• The sexual assault was a violent offence that occurred over time and involved the gamut of sexual aggressions. It was coupled with a threat to kill the victim if she fought back. To add further trauma and a sense of hopelessness for the victim, she was forced to record that the assault she had just experienced was consensual. This constellation of features of the offences are particularly aggravating.
• As is evident from Ms. G.’s victim impact statement, the offences perpetrated against her by Mr. W. had a significant impact on her health and her career. His behaviour took away her dream of helping people like him live in the community. Ultimately, she was forced to give up her chosen line of work and pursue another career: Code, s. 718.2(a)(iii.1).
• Ms. G. was a vulnerable person: she was alone overnight in the house where Mr. W. was residing. She was small in stature, making it very easy for Mr. W. to overpower her.
• Ms. G. is of Aboriginal status and, as is well-documented in the jurisprudence and in s. 718.04 of the Code, unfortunately being Aboriginal and female adds significantly to the vulnerability of a person in our society: R. v. Barton, 2019 SCC 33 at para. 1, and R. v. A.D., 2019 ABCA 396, at paras. 24-29.
• Mr. W. took advantage of someone who had been helping him live in the community and be socialized. Ms. G. had gone out of her way to be supportive of Mr. W. and to accommodate his needs as much as possible so that he could get some enjoyment out of life. He benefitted from her efforts but then turned on her and took advantage of the trust she had placed in him.

Mitigating Circumstances

• Mr. W. pled guilty, resulting in Ms. G. not having to testify at trial. However, this is not a significant mitigating factor considering the history of these proceedings, as set out above. Through his behaviour during these proceedings, Mr. W. put Ms. G. and her family through further, unnecessary, emotional turmoil.
• There has been no credible expression of remorse on Mr. W.’s part to consider remorse a mitigating factor. In fact, when interviewed for the Gladue Report, Mr. W. denied that he had committed any offences against Ms. G. and claimed that she had helped him get the marijuana that he had been smoking the night in question and that she had consented to the sexual activity that occurred. He claimed the bruising on her was as a result of a soccer ball having hit her earlier in the day. Mr. W. declined to discuss the index offences when the Gladue Report was being updated in November 2021. As well, he refused to discuss the index offences with the author of the Pre-sentence Report leading her to observe that she could not assess any remorse or insight he may have regarding his actions.
• A significant mitigating factor is Mr. W.’s mental health issues and cognitive deficits, both of which exist – at least in part – because of the impoverished, alcohol and drug-riddled, abusive environment into which he was born. The community of Attawapiskat has suffered greatly from the intergenerational trauma caused by colonialism and the residential school programs imposed on its residents. Mr. W. was a victim of this legacy. It is reasonable to conclude that his ADHD, FASD, and borderline cognitive functioning are all due, in part, to this legacy: Code, s. 718.2(e).

Appropriate Sentence

[40] Taking all these factors into account, I conclude that a fit and appropriate sentence for Mr. W. for the index offences is nine years.

[41] As an Aboriginal offender with significant challenges resulting in part from his early childhood years in such an impoverished and abusive environment (the legacy of intergenerational trauma), his level of moral culpability is reduced from what it would otherwise be. I would therefore not accede to the request of Crown counsel to impose a sentence of 10 years, at the high end of the range. One might conclude that a sentence at the lower range of seven to eight years might be more appropriate, as urged by Defence counsel. Although I am satisfied that the lower range of sentence could meet the objectives of denunciation and general deterrence in this case, I am not satisfied that it would ultimately work to protect society and keep women in the community safe. In that regard, I am particularly concerned about the safety of vulnerable Aboriginal women and women living or working in vulnerable situations.

[42] There is the real concern that, until Mr. W. obtains targeted treatment in an institution, he will continue to pose a risk of sexually re-offending when released into the community. Mr. W. will need sufficient time in a federal institution to complete needed programming prior to his release. It is likely that Mr. W.’s mental health issues and cognitive disabilities will result in his needing longer than may be the case for other offenders to complete the needed treatment programs.

[43] The next issue is how much credit should be allowed for pre-sentence custody.

[44] Mr. W. was in a detention centre for 790 days following his arrest. If he is given the standard Summers credit of 1.5:1, this would amount to 1,185 days or 3.2 years. Both the Crown and the Defence agree that this credit is appropriate for the period when Mr. W. was housed in a detention centre: R. v. Summers, 2014 SCC 26.

[45] What is in contention is the credit Mr. W. should receive for the time he has been residing at the Providence Care Hospital which, by my calculations, is 607 days as of April 14, 2022. The Defence takes the position that he should receive the standard Summers credit of 1.5 to 1, which would amount to 911 days. The Crown takes the position that Mr. W. should only receive credit of 1:1 for this period since the conditions under which he was living at the Providence Care Home were much more comfortable and less onerous that those at either Quinte Detention Centre or the Central East Correctional Centre.

[46] The issue of credit for pre-sentence custody can be looked at in both a quantitative and a qualitative sense. From a quantitative perspective, the Supreme Court of Canada made it clear in Summers, at para. 34, that the loss of eligibility for parole, earned remission, and statutory release during the period of pre-sentence custody is a circumstance that can justify enhanced credit under s. 719(3.1) of the Code. However, the Court went on to state, at para. 48, “enhanced credit need not be granted in every case. For example, when long periods of pre-sentence detention are attributable to the wrongful conduct of the offender, enhanced credit will often be inappropriate.” In this case, Mr. W.’s lengthy pre-sentence custody was due in great measure to his frequently changing his mind and changing his lawyers. This takes me to a consideration of qualitative factors.

[47] Lori-Ann Legget, a social worker at the Providence Care Hospital, described Mr. W.’s stay there as follows. At first, he was in a high intensity treatment room – a big private hospital room with a big window, a television, and a private washroom. Initially, Mr. W. was kept in the room 24 hours a day with communication happening through the hatch in the door. This was at a time when Mr. W. was deemed unfit to stand trial and his mental health issues were out of control. However, as his mental health improved through medication, his behaviour improved, and he was allowed out for therapeutic time. This involved watching YouTube videos of drumming and singing and other television programs. After a while, Mr. W. went on short walks outside. Gradually the length of the walks increased to two hours. As younger nurses were fearful of being alone with Mr. W., he was accompanied by two staff members.

[48] Mr. W. then became involved in groups, such as art group, coffee social, open-door group, and a wellness action recovery group. A little later, Mr. W. was allowed out of his room in the evening for a peer recovery group and yoga and meditation classes. According to Ms. Legget, Mr. W. is good-natured, cooperative, helpful, and very social. He likes to hang out with his prime nurses and chat. He also likes to visit Ms. Legget’s office and chat. As well, he likes to spend time on an iPad zooming with his friends and family members. Mr. W. has been so comfortable and secure in the environment at the Providence Care Hospital that he even asked Ms. Legget if she could adopt him.

[49] Ms. Legget’s description of the relaxed environment at the Providence Care Hospital and the freedoms afforded to Mr. W. are a far cry from the realities of detention at either Quinte or Central East where most detainees must share small cells; even on good days they have limited time out of their cells; lockdowns are frequent for a variety of reasons; and programming is virtually non-existent. The living conditions Ms. Legget described for Mr. W. at the Providence Care Hospital are not much different from his living arrangements when in group homes operated by Alliance Youth Services; if anything, the conditions may be more comfortable for Mr. W. in that there are more staff to meet his needs and he is provided constant, consistent medical care, supervision, and programming.

[50] Taking both quantitative and qualitative considerations into account, I conclude that credit at the rate of 1:1 is appropriate for the time Mr. W. has been at the Providence Care Hospital. Abrams J. came to a similar conclusion in [R. v. Slapkauskas, unreported sentencing decision, January 15, 2021].

[51] In summary, Mr. W. shall receive credit for pre-sentence custody of a total of 1,792 days (5 years) made up of 1,185 days for the time he was in detention centres and 607 days for the period he has been residing at the Providence Care Hospital. This leaves a balance of four years for Mr. W. to serve in a federal institution. This length of sentence should afford Mr. W. the opportunity to benefit from and complete the Integrated Correctional Program Model, and more specifically the Indigenous Integrated Correctional Program for Indigenous Sex Offenders, offered by Correctional Service Canada at federal institutions.

Ancillary Orders

[52] Mr. W. shall also be subject to a DNA order under s. 487.051(1) of the Code, a SOIRA order under s. 490.022(3)(b) of the Code for 20 years, a weapons prohibition order under s. 109 of the Code for 10 years, forfeiture of the cell phone seized, and a non-communication order under s. 743.21 of the Code regarding K. G. (also known as K. W.) and her immediate family members including D. S.

Aitken J.

Released: April 14, 2022