SUPERIOR COURT OF JUSTICE
HIS MAJESTY THE KING
-v-
DEANNE THOMPSON
HYBRID PROCEEDINGS VIA ZOOM
BEFORE THE HONOURABLE MR. JUSTICE C. CONLAN
on October 27, 2023 at WALKERTON, Ontario
APPEARANCES:
B. Lawson Counsel for the Federal Crown
J. More Counsel D. Thompson
FRIDAY OCTOBER 27, 2023
REASONS FOR SENTENCE
[Section 5(2) CDSA – methamphetamine]
Conlan, J. (Orally)
I think that the position of the Crown as articulated by Ms Lawson, an experienced lawyer, is a reasonable position. It is not unreasonably excessive for the Crown to ask for a period of real jail to be imposed on you in the range of what has been suggested, two years in length.
This is a serious offence. Methamphetamine is a dangerous substance. Your involvement with that type of narcotic is not good for you, it is not good for your family, your children, it is not good for those who you may be sharing or selling or providing the substance to, it is not good for the community at large.
Methamphetamine is a nasty substance, but in the particular circumstances of this case, I have decided not to send you to a real jail behind bars. I am going to agree with the suggestion of your counsel to impose upon you a sentence of imprisonment, but one that is served in the community by way of a conditional sentence order.
This is, undoubtedly, a relatively lenient sentence for you but I think that it is justified because of the following mitigating factors.
First, you entered a guilty plea to the charge. That is an acceptance of responsibility by you. It is a sign of remorse by you, it is a saving to the administration of justice in that it avoids a trial and potentially pretrial applications.
Further, you have no criminal history. You are a first offender, which means that this Court should exercise the principle of restraint.
As well, you have children, and you are trying to become more active in the lives of your children. I am concerned that a jail sentence behind bars will punish not only you, but also the children. But you should think about that before you become involved in this illegal activity again because next time you will not be the beneficiary of a conditional sentence order, I guarantee it.
You will go to real jail, behind bars, and you will probably go to a federal penitentiary.
The additional mitigating factor that has contributed to this exercise of discretion on my part is that you have taken steps since the offence date to try to better your circumstances and to address some of your problems and in that regard, I would like to mark as an exhibit on the plea and sentencing, the letters filed by the defence.
There is a letter from Grey Bruce Health Services, authored by Lacey Gibbons, dated August 31, 2023, as well a letter authored by Lee Ann Corbett dated August 31, 2023, also from Grey Bruce Health Services. As well, there is a letter from Paul R. Thompson, the brother of the offender before the court, dated September 1, 2023, and finally, a letter from Shawna Banville, two pages, dated September 8, 2023, that letter being from the Canadian Mental Health Association, Grey Bruce, Mental Health and Addiction Services.
Those letters, collectively, are exhibit one on the plea and sentencing. And those letters have contributed to my decision to grant you a conditional sentence order because they do indicate that you have done some good things since the offence date.
EXHIBIT NUMBER 1: Character Reference Letters of the Offender – Collective – Produced and Marked –
You have participated in the Therapeutic Group Distress Tolerance, you have continued to engage with Outpatient Mental Health Grief Counselling Program, you have a case manager that you are working with, you are on a wait list for further treatment and counselling and you have sought the assistance of the Canadian Mental Health Association.
In the letter written by Ms Banville, Ms Banville indicates that you have demonstrated a “desire and determination to remain sober and focus on relapse prevention.” You continue to share that you are in the “maintenance phase of change” and you consistently share that you are reaching out and remaining connected to informal and formal supports. You have also expressed a desire to focus on your own growth and recovery in support of your desire to be a good parent.
All of that is to your credit. You have to continue down that road of recovery, because in addition to being an accused and now an offender because I have found you guilty, you are also an addict and that is not going to change on its own. Right? I heard, I saw you mouth “no” when I said that, you know I am right. It takes a lot of work. You have started the work, but it is going to take a lot more work on your part. You have to do it for yourself, you have to do it for your kids.
So, it is all of those reasons combined, all of those mitigating factors that have contributed to my decision to grant you a conditional sentence order. The length of the order is going to be 18 months. I think that is a fit length. It is not right at the upper end of a reformatory sentence, but it is not at the lower end either and it is higher than the mid-point.
I think it recognizes the seriousness of the offence that you committed. I think anything lower than 18 months is not going to do this matter justice.
Now, before I get to the terms and conditions of the conditional sentence order, I want to tell you Ms Thompson, that you must obey the conditional sentence order in its entirety. If you do not, very serious consequences could result. First of all, you could be charged with a further criminal offence of breaching the conditional sentence order. Second, you would very likely not be granted bail, you would probably be held in custody because of the seriousness of breaching a conditional sentence order. Third, you could go to jail for just the breach and fourth, perhaps most important, you could be forced to serve the entire balance of the 18-month period in real jail, behind bars.
So, if you go out next week and breach this order, you are going to serve the entire rest of the time in jail. Or you may serve the entire rest of the time in jail, that is the risk. So, you must obey the conditional sentence order to the letter.
THE COURT: I will get to the terms of the order in a moment, but before I forget, the victim fine surcharge in this matter is waived because of the circumstances of Ms Thompson. There is a secondary DNA order imposed. There is a Section 109 Criminal Code of Canada firearms and weapons prohibition order imposed for ten years and life according to the two subsections, and there is a forfeiture order imposed in the draft form presented by the Crown.
So, Ms Thompson, all of those things you must also obey. The DNA order, that’s a sample of your blood, you must cooperate with the police in giving that sample. If you don’t you could be charged with a further criminal offence and you might go to jail if found guilty, do you understand that?
DEANNE THOMPSON: Yes.
THE COURT: Could you speak up please?
DEANNE THOMPSON: Yes, Your Honour.
THE COURT: And the firearms and weapons prohibition order, you must obey that. Failure to do so could result in a further criminal charge and if found guilty you could go to jail, do you understand that?
DEANNE THOMPSON: Yes, Your Honour.
THE COURT: And as well the forfeiture order, you are going to be forfeiting some items to the Crown, to the government, and you shall not do anything to hinder that order. You have to comply with the forfeiture order, you understand?
DEANNE THOMPSON: Yes.
THE COURT: Failure to do so could result in a further criminal offence and you might go to jail if found guilty of breaching any of these orders that I’m imposing. Do you understand that?
DEANNE THOMPSON: Yes.
THE COURT: So, as I indicated, the conditional sentence order is for a period of 18 months and the order is going to be divided into thirds. We might be able to refer to it in lay terms it’s sort of like a ladder principle but going down the ladder, okay? The first third, the first six months is the most strict part of the conditional sentence order. The middle six months is less strict than the first six months and the last six months is the least strict period of the total 18 months, okay?
So, in the first six months of the conditional sentence order all of the statutory terms apply. In addition, the following optional conditions apply. You shall abstain from the consumption of drugs except in accordance with a medical prescription and you shall abstain from the consumption of alcohol or any other intoxicating substance.
You shall provide for the purpose of analysis a sample of a bodily substance prescribed by regulation on the demand of a peace officer, the supervisor of the conditional sentence order, or someone designated under subsection 7 to make a demand at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to suspect that you have breached a condition of the order that requires you to abstain from the consumption of drugs, alcohol or any other intoxicating substance.
You shall abstain from owning, possessing, or carrying a weapon.
You shall attend any counseling or treatment program recommended by your supervisor and you shall not leave that counseling or treatment program without the prior written permission of your supervisor. In order to monitor your compliance with the conditional sentence order you shall sign all releases of information demanded of you by the conditional sentence order supervisor or by the third-party counseling or treatment service.
And again - all of this is for the first six months – and you shall be the subject of home confinement, house arrest, twenty-four hours per day except for any purpose with the prior written permission of the supervisor and except for any medical appointment or emergency medical situation involving yourself or one of your children.
And except between the hours of twelve o’clock noon and four o’clock P. M. each Wednesday of each week for the purpose of obtaining the necessaries of life for yourself or for your children.
And finally, except while visiting your children at your brother Paul R. Thompson’s residence on Tuesdays and Thursdays of each week, provided that you remain inside your brother’s residence or on your brother’s property for the entire time that you are visiting with your children.
So, I want to be clear with you about that exception; you go straight from where you are to your brother’s place, you visit with your children at your brother’s place, you don’t leave your brother’s house, you don’t leave your brother’s property. You can go outside with the children, but you don’t leave your brother’s property and when you’re done, you go straight back to where you came from.
That’s the first six months, now, the next six months it’s all the same conditions as the first six months, except there’s no home confinement anymore, instead of the home confinement there’s a curfew. So, in the second six-month period, it’s all the same conditions but instead of home confinement for you, it is a curfew between eleven o’clock P.M. and six A.M. daily.
Earlier, when I was describing the home confinement, I set out some exceptions to the home confinement, not all of those exceptions apply to the curfew because you’re not out buying stuff in the middle of the night and you’re not out doing some of these other things that were exceptions during the first six months, you’re not out doing that in the middle of the night but the exception that I spoke about for medical appointments and emergency medical situations, that exception applies to the curfew condition in the second six-month period.
Now, for the last six-month period, the third six-month period, it’s all of the same conditions but no home confinement and no curfew. But the other conditions that I mentioned earlier, they apply for the third six-month period.
THE COURT: Before I ask Ms Thompson some questions about her understanding of the conditional sentence order and the terms, is it clear?
MS LAWSON: It is clear Your Honour. The only thing I may ask is if we insert Paul Thompson’s address.
THE COURT: Yes.
MS LAWSON: Just so the police know if they find her.
THE COURT: We will. What is his address, your brother’s address?
DEANNE THOMPSON: 115 Denmark Street.
THE COURT: Like the country? Where, what city?
DEANNE THOMPSON: Meaford.
THE COURT: Meaford, that will be put into the order. Mr. More, is the conditional sentence order clear? Is there anything you want to say about it?
MR. MORE: It’s clear to me, if I can just have a brief moment?
THE COURT: Yes.
MR. MORE: Yes, it’s clear to me sir, thank you.
THE COURT: Ms Thompson, oh, sorry, yes?
MS LAWSON: I apologize, I forgot I’d like her to stay away, continue to stay away from the address in Durham, the 298 Countess Street.
THE COURT: Do you have any reason to go there? Okay, so as part of the conditional sentence order, and this is for the duration, for the entire 18 months, all three broken down periods, so for the entire duration of the 18 months, you shall not attend at that address.
THE COURT: Ms Thompson, do you understand the conditional sentence order?
DEANNE THOMPSON: Yes, Your Honour.
THE COURT: And again, you understand that you must obey it in its entirety or else those consequences I spoke about earlier could result, you understand that?
DEANNE THOMPSON: Yes, Your Honour.
THE COURT: Okay, counsel, I think that is everything. I waived the victim fine surcharge, the secondary DNA order goes, the Section 109 order for ten years and life, the forfeiture order and the 18-month conditional sentence order.
MS LAWSON: Yes, that’s everything, thank you Your Honour.
THE COURT: Mr. More?
MR. MORE: Yes, sir.
THE COURT: Okay, Ms Thompson, I wish you good luck ma’am and I want you to remember what I said earlier, that this is somewhat of a kindness to you because you could’ve went to jail, real jail for this, so I don’t want you to put yourself in this position again, okay? I think I have some confidence in you. I don’t say that to everybody. I think that you can do it. I know it’s not easy, but you can do it.
So, Madam Registrar what I would appreciate, if you don’t mind, is once you have the draft conditional sentence order, have Mr. More and Ms Lawson take a look at it before you give it to me just so that there can be an extra set of eyes to make sure it’s all good.
MADAM REGISTRAR: Yes, sir.
THE COURT: I’m sure that it will be fine because I know you did a great job with the paperwork from the other plea, so.
COURT SERVICES OFFICER: All rise please.
THE COURT: Thank you. Thank you take care.
MS LAWSON: Thank you, Your Honour, you too.
THE COURT: And I hope that David is doing okay these days.
MS LAWSON: Thank you, I’ll pass along your sentiments.
THE COURT: Thank you.
MADAM REGISTRAR: Oyez, oyez, oyez, the sittings of the court are now concluded, long live the King.
FORM 3
ELECTRONIC CERTIFICATE OF TRANSCRIPT (SUBSECTION 5(2))
Evidence Act
I, Lorelei Bonham, certify that this document is a true and accurate transcript of the recording of R. v. Jason CLIFFORD, in the Superior Court of Justice held at Walkerton, Ontario, October 27, 2023, taken from Digital Recording Number, 0311_CRTRM#1_20231007_094800_10_CONCLANC, which has been certified in Form l.
January 20, 2024 Lorelei Bonham
Date ACT #8639303749
Ontario, Canada
Province of Signing
A certificate in Form 3 is admissible in evidence and is proof, in the absence of evidence to the contrary, that the transcript is a transcript of the certified recording of evidence and proceedings in the proceeding that is identified in the certificate.
Date Transcript Ordered:. . . . . . . . . . . November 1, 2023
Date Transcript Completed: . . . . . . . . . November 4, 2023
Date Ordering Party Notified:. . . . . . . . November 4, 2023