Court File and Parties

Court File No.: CR-22-40000357 Date: 2023-01-30 Ontario Superior Court of Justice

Between: His Majesty The King And: Bronson Lake

Counsel: Paul Alexander and Andres Hannah-Suarez, for the Crown David Goodman, for Mr. Lake

Heard: November 10, 2022 and January 18, 2023

Before: R.F. Goldstein J.

1. Overview

[1] Bronson Lake pleaded guilty to one count of second degree murder. On July 13, 2021 he killed his girlfriend, Kim Gagne.

[2] On January 18, 2023 I sentenced Mr. Lake. I summarized my reasons for sentence and indicated that more fulsome reasons would follow. I said this at the time:

Mr. Lake comes before the court today having pleaded guilty to the murder of Kim Gagne. On July 14, 2021 he told staff members at the Centre for Addiction and Mental Health, CAMH, that he had killed Ms. Gagne, that he had pre-contemplated the act, and he had intended to kill both Ms. Gagne and himself.

CAMH staff called the police, who went to check on Ms. Gagne at the apartment she shared with Mr. Lake. The police found the remains of Ms. Lake. According to a post-mortem report, she died of blunt force trauma to the head and blood loss. The police located a blood-stained hammer and a blood-stained knife at the scene.

Mr. Lake is 32 years old. A pre-sentence report was filed that provided me with some of his background. Mr. Lake has no criminal record, which is a mitigating factor. It is, of course, an important mitigating factor that he has pleaded guilty and accepted responsibility.

I have been provided with several victim impact statements from Ms. Gagne’s mother, relatives, and friends. These statements were extremely moving and tragic. Ms. Gagne was a bright star in their universe. The people who knew her speak of a lovely young woman who was bright, personable, fun to be around, and possessed of a great sense of humour. Quite understandably, her loss is keenly felt by those who knew her and loved her.

As Mr. Lake has been found guilty of murder, he is sentenced to life imprisonment. The only real issue is the length of time he must serve before he is eligible for parole. In determining an appropriate period I must take account of the principles of sentencing, including deterrence and denunciation. Rehabilitation plays a less important role in a murder case, although it is not excluded from consideration.

I must also weigh the mitigating and aggravating factors. Although there are mitigating factors, as I have mentioned, there are also significant aggravating factors. I note that this was a crime of domestic violence, which is statutorily aggravating. As well, there is simply no getting away from the fact that this was a brutal murder carried out with extreme violence.

When I weigh the mitigating and aggravating factors, including the brutality of the murder as well as the guilty plea, and I consider the cases presented to me including those from the Court of Appeal setting out the appropriate range, I find that a sentence of 14 years of parole ineligibility is appropriate. Were it not for the guilty plea, I almost certainly would have sentenced Mr. Lake to a period at the very high end of the range. Mr. Lake is therefore sentenced to life imprisonment. He will be eligible for parole after serving 14 years. There will be a s. 109 order for life, and a DNA order. There will s. 742.31 order.

[3] What follows are my more detailed reasons for sentence.

2. The Facts

(a) Circumstances of the offence

[4] On October 14, 2021 Mr. Lake presented himself at Mount Sinai hospital. He had injuries to his arms. Mount Sinai gave him a taxi chit and sent him to CAMH. He was seen at CAMH as a walk-in patient by Nurse Arbach. Mr. Lake told Nurse Arbach that he had hit is girlfriend, Kim Gagne, with a hammer. He told Nurse Arbach that Ms. Gagne had lost consciousness and that there had been blood. He was then detained under the Mental Health Act. He subsequently spoke to Dr. Rohani. A social worker and a physician’s assistant were also present. Mr. Lake told Dr. Rohani that he had killed Ms. Gagne. He also told Dr. Rohani that he had pre-contemplated killing her, and had intended to kill himself as well. According to the pre-sentence report, the physician at CAMH (presumably Dr. Rohani) would not rule out the prospect that he was feigning illness in the context of criminal responsibility.

[5] When Mr. Lake disclosed to Nurse Arbach that he had killed his girlfriend, she called the police. Two police officers went to the apartment that Mr. Lake and Ms. Gagne shared. Their apartment was in the basement of Mr. Lake’s grandmother’s house. The police received no response when they knocked. The observed some blood outside the apartment door. When they had no response they became concerned and entered the apartment. It was unlocked. Inside the apartment they noticed more blood. They found Ms. Gagne in the bedroom. She had suffered severe trauma to the head. There was blood pooled under her head. There was extensive blood spatter all over the wall behind her head. The police located a hammer with bloodstains in the bedroom. They also located a knife in the kitchen. The knife also had bloodstains. There were bloodstains throughout the apartment. There were bloodstains in the bathroom, where the police observed that the bathtub was full of reddish water. There were drawings of hearts on the bathroom wall. The hearts appeared to be drawn in blood.

[6] The initial examination of Ms. Gagne’s remains was conducted by Dr. Anita Lal. The post-mortem was prepared by Dr. Michael Pollanen, the Chief Forensic Pathologist of Ontario. The post-mortem report was made an exhibit at the proceedings. Dr. Pollanen observed multiple blunt impact injuries to the head and face. It was his opinion that the injuries could have been caused by a hammer-like object, based on the round bruising and curvilinear abrasions. There were extensive displaced fractures to the calvarium, skill base, and mandible. Essentially, the left side of the cranium was caved in, with radiating fractures throughout the rest of the skull. There were acute subdural and subarachnoid hemorrhages. The main mechanism of death was blood loss with contribution by traumatic brain injury. Dr. Pollanen’s opinion was that the immediate cause of death was blunt impact head trauma.

[7] In other words, Mr. Lake smashed Ms. Gagne’s skull using a blunt instrument, likely the bloodstained hammer that was found near her body.

[8] The motive for this horrible murder is not fully known. Manon Gagne, Ms. Gagne’s mother, told the writer of Mr. Lake’s pre-sentence report that she felt that Mr. Lake became very jealous and controlling. Mas Gagne had felt isolated and often wanted to go out, but Mr. Lake controlled her comings and goings.

(b) Circumstances of the offender

[9] I have had the benefit of a pre-sentence report. Mr. Lake was raised in a middle-class home by his mother and stepfather. He had a stable and supportive upbringing. He was an excellent athlete and attended college in the United States on a baseball scholarship, although he did not complete his education. His employment history is varied. He has worked in many different jobs and was working as an event planner and caterer at a club in Toronto when he was arrested. He uses alcohol and marijuana and other drugs from time to time, but does not appear to have an addiction problem. Mr. Lake expressed remorse to the writer of the pre-sentence report. He stated that he was “not thinking clearly” and could not remember details leading up to the murder.

[10] Mr. Lake’s family indicated that they were in shock upon hearing of the murder and the charges. They described an outgoing and social person who gets along with everyone. They also described a person who was kind, and intelligent. They believe it was out of character.

[11] Mr. Lake’s mental health history is ambiguous. Mr. Lake himself told the PSR writer that he did not have a psychiatric diagnosis or been treated by a psychiatrist. He did say that he has struggled with depression and anxiety. Since he has been in custody he has been taking anti-depressants and has used the mental health services at Toronto South Detention Centre. His family was not aware of any mental health diagnosis. At the time of the murder, Mr. Lake and Ms. Gagne were living in a basement apartment in a house owned by Mr. Lake’s grandmother. The idea was that they would save money for a house of their own. Ms. Francey, Mr. Lake’s grandmother, told the PSR writer that while he and Ms. Gagne were living with her she noted a change in him – she observed that he appeared to feel stressed and depressed.

[12] As noted, Mr. Lake has accessed psychiatric and psychological services while in custody. He takes medication for depression. According to records at the Toronto South Detention Centre there is no indication of a mental health diagnosis. It does not appear that Mr. Lake suffers from a major mental illness. Mr. Lake’s family was not aware of any significant mental health issues, except possibly some depression when Mr. Lake was in his early 20’s. When he attended at CAMH on July 14, 2021 the examining physician noted that he had no significant psychiatric history. He was not experiencing psychosis despite reporting hallucinations. As noted, the attending physician would not rule out the possibility that he was feigning a mental illness. He admitted that his actions were premeditated. He told staff that his “behaviour was driven by his belief that due to an interaction with a customer and his supervisor, he felt that both he and his girlfriend were better off dead rather than dealing with the matter going forward.” Ultimately, Mr. Lake’s diagnosis was inconclusive, according to CAMH records.

(c) Impact on the victim

[13] At the time of the murder, Mr. Lake and Ms. Gagne had been in a relationship for three years and they had lived together for 2 ½ years.

[14] Kim Gagne had many friends and close family members. The impact of the murder has been devastating for Ms. Gagne’s family. Manon Gagne read a victim impact statement. Her statement was heart-wrenching, expressing her love for her lost daughter. Manon Gagne also told the writer of the PSR:

With respect to the loss of her daughter, Mrs. Gagne lamented "I am destroyed and so is her brother." Mrs. Gagne related that her husband has been a support and is helping her through the loss of her daughters' life. She added "at night I get up crying. I have a lot of anxiety and depression. The subject said that he would take care of my daughter, but he killed her. I hope one day I can get over this." Mrs. Gagne became quite emotional and was crying during the interview. Mrs. Gagne advised "I want to say that he does not take drugs or drink and he still killed someone. He is very dangerous. I hope that he will go away for a long time." Mrs. Gagne advised that she is connected with an agency that helps support victims and family of victims. Furthermore, Mrs. Gagne is taking medication to treat her anxiety and depression that stems from the loss of her daughter.

[15] Multiple victim impact statements were filed at the sentencing hearing. Ms. Gagne was much loved by her family and friends. I need only mention a few of the victim impact statements to give some sense of Ms. Gagne and the loss felt be those close to her. The overall portrait is of a lively and kind young woman with a great sense of humour. Her former stepfather, the father of her half-brother, described her as friendly and polite with a great “joie de vivre”. Her brother, too, spoke of her great “joie di vivre” and expressed his great love for his sister. Her step-sister Karine Pigeon spoke of being under Ms. Gagne’s spell despite their age difference. Her aunt Gaetane Dumont Rimouski wrote that “In my eyes, she represented an exceptional joie de vivre; she was always smiling, spirited, affectionate, very sweet, a ray of sunshine in my life and the lives of her loved ones.” Andreanne Gagne, her cousin, called her “the best person that I knew… a real dynamo and always there for the people who mattered to her.” Genevieve Gagne, her cousin, has found that this crime has undermined her own familial relationships. She does not know who she can trust.

[16] Melanie Lapointe, Ms. Gagne’s close friend, read her victim impact statement in court. She described her friend as “irresistible” and “pure joy”. In addition to losing her close friend, the murder has been traumatic for her. She also finds it difficult to trust men. It has made her more cautious.

3. Legal Parameters

[17] Second degree murder carries a sentence of life imprisonment. Parole eligibility is set between 10 and 25 years: Criminal Code, s. 235(1), 745 (c).

4. Positions of the Crown and Defense

[18] Crown counsel’s position is that the appropriate range of sentence of parole ineligibility is 12-17 years. His view is that I should sentence Mr. Lake to a period of parole ineligibility of 16 years. That sentence would reflect all the significant aggravating factors, as well as the mitigating factor of the guilty plea.

[19] Mr. Goodman’s position is that I should sentence Mr. Lake to a sentence at the lower end of the range. He argues that Mr. Lake’s guilty plea is entitled to a significant amount of mitigation due to the plea, the waiver of the preliminary inquiry (thus saving considerable resources) and the sparing of the family of the victim the agony of a difficult trial and potentially cross-examination.

5. Case Law

[20] Crown counsel relied on R. v. McKnight (1999), 44 O.R. (3d) 263, [1999] O.J. No. 1321 (C.A). McKnight is a leading case that is often referred to in domestic homicide sentencings. The offender was a doctor who murdered his wife. It was a vicious attack and the victim suffered over 50 defensive wounds on her hands and forearms. He then tried to commit suicide by hanging himself with shoelaces. The offender had a history of psychiatric diagnoses including depression and at least one psychotic episode. He had earlier attempted to strangle his wife. His defence of not criminally responsible was rejected, although the Crown psychiatric expert agreed that but for his depression and schizophrenia he likely would not have murdered his wife. He was convicted of second degree murder. The trial judge imposed a period of parole ineligibility of 17 years. Laskin J.A. extensively reviewed the cases involving domestic homicides. found that he appropriate range was 12-15 years, and reduced the period to 14 years. McMurtry C.J.O. dissented. He would have upheld the 17 period of parole ineligibility.

[21] The Crown also relies on R. v. Czibulka, 2011 ONCA 82. The offender beat his wife to death. Her ribs were fractured in 25 places, her diaphragm was lacerated and her breast bone was broken. It was a brutal assault. The offender was convicted of second degree murder. The trial judge imposed a period of parole ineligibility of 15 years. The Court of Appeal upheld the 15 year sentence, noting that none of the mitigating factors present in McKnight were present, and that there were more aggravating factors.

[22] Most recently, in R. v. White, 2020 ONCA 639, the court of appeal upheld a 16-year period of parole ineligibility. The offender shot his step-mother in the head while she sat defenceless in a chair. His father, the victim’s husband, was sitting beside her when it happened. The Court commented that the sentence was within the range established by McKnight and Czibulka.

[23] Mr. Goodman, for Mr. Lake, also relied on several cases to support his argument for a lower period of parole ineligibility. I will only refer to a few. In R. v. Jimenez-Costa, 2013 ONSC 5524, the offender murdered his wife with a blunt instrument. She had numerous blunt force wounds to her head, and defensive wounds on her arms. She had apparently been about to inform him that she was leaving the relationship for another man. After killing his wife, the offender “then attempted to contaminate the crime scene in order to frustrate the police investigation.” Goodman J. imposed a period of parole ineligibility of 13 years.

[24] In R. v. D.A., 2011 ONSC 462, the offender asphyxiated his wife in front of their two young children. Although a trained nurse, he did nothing to assist her, such as performing CPR, after compressing her chest. He also told his daughter not to go to the neighbour’s house to get help. The two parents had been in a bitter custody battle. The episode was obviously tragic and horrifying for the two young children. After an extensive review of the case law, the trial judge imposed a period of 12 years of parole ineligibility.

[25] In R. v. Morrissey, 200341695 (Ont.S.C.), the offender shot and killed his ex-girlfriend in a car. He then shot himself. He did not die but suffered from a serious brain injury. The self-inflicted wound left him physically and cognitively disabled, and dependent on others for assistance with every day living. The murder, however, was brutal. As Fuerst J. stated, “to kill a former romantic partner in such a point-blank fashion can fairly be described as brutal, and horrifying for the victim.” In the confines of the car she had no way to defend herself. The offender was in a disturbed state of mind, but the murder involved planning and deliberation. Fuerst J. imposed an 11-year period of parole ineligibility.

[26] In my respectful view, the higher end of the range of sentence for a brutal domestic homicide has increased to 17 years since McKnight, as reflected by the Court of Appeal’s decisions in Czibulka and White. See, for example, R. v. French, 2017 ONCA 460 at para. 31, where Feldman J.A. stated:

With respect to the range, cases from this court including R. v. W. (A.N.) (1999), 141 C.C.C. (3d) 1 (Ont. C.A.), and R. v. Czibulka, 2011 ONCA 267 allow a range up to 17 years in circumstances where there are no mitigating factors or remorse.

[27] See also R. v. Ranhotra, 2022 ONCA 548 at paras. 77-78; and R. v. Keene, 2020 ONCA 635.

6. Mitigating and Aggravating Factors

[28] The main mitigating factor in this case is the plea of guilty. Mr. Lake has spared the court system the resources that would have gone into a trial. Perhaps more importantly, Mr. Lake has spared the family of Ms. Gagne the agony of a murder trial. It is also mitigating that Mr. Lake has led a pro-social life to this point – he has no criminal record and has been steadily employed.

[29] I do not find Mr. Lake’s psychological problems to be especially mitigating in this case. I accept that he has suffered from some kind of mental health issue. He may be currently suffering from depression and anxiety but he does not have a major mental illness. Certainly, there is insufficient evidence to conclude that significant mental health problems drove him to murder his domestic partner.

[30] There are multiple aggravating factors in this case. The most important is the brutality of the violence imposed on Ms. Gagne. It must have been absolutely terrifying for her, in her last moments, as her partner viciously attacked her with a hammer. It is also an important aggravating factor that this case involved intimate partner violence: Criminal Code s. 718.2(a)(ii).

7. Principles of Sentencing

[31] The fundamental sentencing principle is that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender: Criminal Code, s. 718.1. The fact that this murder involved Mr. Lake’s domestic partner is aggravating: Criminal Code, s. 718.2(ii).

[32] I agree with the following statement from Fuerst J. in Morrissey regarding the principles of sentencing applicable to parole ineligibility at paras. 12-13, and I adopt her comments:

Section 745.4 requires that in exercising his or her discretion, the trial judge have regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and the recommendation of the jury. As this trial proceeded without a jury, there is no recommendation to be considered.

In R. v. McKnight (1999), 135 C.C.C (3d) 41 (Ont. C.A.), the majority held that in assessing the s. 745.4 considerations and in deciding whether to increase the period of parole ineligibility, all of the objectives of sentencing are relevant. Those objectives, as set out in s. 718, are denunciation of unlawful conduct, deterrence both general and specific, the separation of offenders from society where necessary, rehabilitation, reparation for harm done to the victim or to the community, and promotion of a sense of responsibility in offenders and acknowledgement of the harm done to victims and to the community. The majority decision in R. v. McKnight confirmed that both denunciation and rehabilitation are relevant factors in fixing the period of parole ineligibility, but that the statutory ten year minimum ineligibility period limits the weight that can be accorded to the offender’s prospects of rehabilitation. The majority also acknowledged that elements of planning and deliberation can be considered as aggravating features of a second degree murder.

8. Ancillary Orders

[33] There will be a DNA order as well as a s. 109 order for life. There will also be a no-contact order pursuant to s. 743.21 of the Criminal Code. The order shall extend to members of Ms. Gagne’s family, as well as anyone who submitted a victim impact statement.

9. Sentence Imposed

[34] In sentencing Mr. Lake, I take into account the following:

• This case involved a brutal domestic homicide. The principles of denunciation and general deterrence are the most important sentencing principles.
• Rehabilitation plays a lesser role in a case of this nature.
• The range of parole ineligibility is from 12 to 17 years.
• This was a brutal killing by a domestic partner. Mr. Lake crushed in the skull of Ms. Gagne, in her home, a place that should have been a place of safety and security that she shared with a trusted partner. This fact calls for a strong denunciatory sentence.
• Unlike the offender in McKnight, Mr. Lake did not suffer from a serious psychiatric illness or other debilitating condition that drove his behaviour. Unlike the offender in Morrissey, Mr. Lake did not render himself physically disabled and unable to care for himself.
• This case is more like Czibulka, where the offender physically beat his wife to death.
• Mr. Lake pleaded guilty and apologized for his actions, which shows significant remorse.
• Mr. Lake is a first offender, and up until the moment he murdered Ms. Gagne, had led a pro-social existence.
• It is notable that there is no explanation for this murder. As the PSR writer found, there appears to be no insight by Mr. Lake either. As Mr. Alexander put it in his submissions, this is not a whodunit, this is a whydunit. This lack of insight on a guilty plea makes it difficult to assess Mr. Lake’s prospects for rehabilitation.
• Thus, while at first blush it appears that Mr. Lake is a good candidate for rehabilitation, upon deeper examination there are issues. All I can conclude is that his rehabilitative prospects are slightly less obvious than the prospects of others who plead guilty. In any event, as I’ve already noted rehabilitation plays a lesser role in a murder case.

[35] In my view, the brutality of this murder calls for a strong denunciatory sentence. That takes this case out of the very bottom of the range, notwithstanding the guilty plea. When I balance all of the factors, I find that a fit period of parole ineligibility is 14 years.

R.F. Goldstein J. Released: January 30, 2023