Reasons for Judgment

Court File No.: CR-21-7000183-0000
Date: 2025-03-12
Ontario Superior Court of Justice
Between:
His Majesty the King – and – Jason Buick

Appearances:
Anna Stanford, for the Crown
Ari Goldkind, for the Accused

Heard: April 29, 30, May 1, 2, 3, 4, 6, 2024, January 8, and February 6, 2025

Judge: G. Roberts

Overview

[1] Jason Buick is currently 55 years old (he was born September 17, 1969). He has been in custody since his arrest on March 26, 2020, nearly five full years ago, when police caught him and his co-accused fleeing after committing a bank robbery with a firearm (the index offence). Mr. Buick pleaded guilty to the robbery (and to dangerous driving) on January 3, 2023. The Crown brought an application to have Mr. Buick declared a dangerous offender (DO).

[2] Counsel agree that Mr. Buick meets the test to be declared a dangerous offender under branch s.753(1)(a)(ii) of the Criminal Code, namely the index offence is a serious personal injury offence, and part of a pattern of persistent aggressive behaviour showing substantial indifference to the harm it causes.

[3] The issue on the hearing was sentence, specifically is there a reasonable expectation that a sentence less than an indeterminate sentence will adequately protect the public against Mr. Buick committing another serious personal injury offence. Defence counsel argued that a determinate sentence of at least 10 years, followed by a 10-year LTSO would be adequate to control the risk he poses and protect the public. The Crown argued that nothing short of an indeterminate sentence would be adequate to protect the public.

[4] I agree with the Crown. At this time, based on the evidence before me, there is not a reasonable expectation that even the very lengthy sentence proposed by defence counsel will adequately protect the public from the risk of violent re-offence posed by Mr. Buick. It follows that I must impose an indeterminate sentence.

Circumstances of the Index Offence

[5] On January 3, 2023, Jason Buick pleaded guilty to armed robbery (contrary to s.344(1) of the Criminal Code) and dangerous driving (contrary to s.320.13(1) of the Criminal Code) on March 26, 2020 in Toronto. He agreed to the following facts:

On March 26, 2020, Mr. Buick, born September 17, 1969, and another individual attended the Scotia Bank located at 1046 Queen Street East in the City of Toronto. Mr. Buick was wearing a ski mask to disguise his identity, along with a pair of green sunglasses and light khaki pants.

At 12:47 p.m., the individuals entered the main doors of the Scotia Bank and proceeded to the customer service area. Upon entry, the other individual walked to wicket No. 2, while Mr. Buick produced a gun from his pocket and pointed it at customers and bank employees. Mr. Buick ordered the customers to the ground and he continued to control the employees and customers throughout the robbery. The gun was a pellet gun but tested as a firearm, thus meeting the definition of a firearm under the Criminal Code.

Ms. Christina Clapina and Ms. Hansa Choudhry are both bank tellers at the Scotia Bank. The second individual involved in the robbery approached Ms. Clapina's wicket, put a large duffel bag on the counter and made a demand for cash from both bank tellers. Ms. Clapina complied and began placing cash from her drawer in the duffel bag. As she was putting the money in the bag, Mr. Buick jumped on the counter and yelled, "Hurry up, bitch." Ms. Choudhry also put money from her drawer into the bag. Unbeknownst to the two individuals, she was also able to conceal the GPS tracker in the cash handed over. All together, the tellers placed $1,955 in cash into the duffel bag.

The two men fled the bank, and went northbound on Pape Avenue, along with the duffel bag. They entered into a Honda Accord bearing licence plate number CECB 154. Mr. Buick was in the driver's seat.

Toronto Police Service Officers Baksh and Kim happened to be in the area. They were in a scout car that was parked across from the Scotia Bank. They observed Mr. Buick and the other individual run from the bank wearing masks and then into a getaway car. The officers followed the getaway vehicle as the men attempted to flee the scene. Mr. Buick drove at a high rate of speed, running a light on Dundas Street and almost hit a parked vehicle on Dagmar Street. After a sharp turn left, he crossed a yellow line on Dundas Street on three occasions coming close to hitting another vehicle and oncoming traffic. He subsequently made a sharp left-hand turn on to Ashdale Avenue where he lost control of the vehicle and crashed into a house.

After the pursuit ended, Mr. Buick got out of the vehicle and attempted to escape on foot. Officer Baksh arrested Mr. Buick at the crash scene. He was wearing light khaki pants. Upon searching incident to arrest, Mr. Buick advised Officer Baksh that he had a gun on him. The gun was found in the front pocket of Mr. Buick's hoodie. The green sunglasses were also found on the floor of the vehicle under the driver's seat.

Circumstances of the Offender

Background

[6] Mr. Buick was born in Burlington on September 17, 1969. As noted, he is currently 55 years old. His birth and early childhood were noted to be normal, with no illness, accident, or separation from his parents when he was a child. He is the eldest of two children; his brother Brad is seven years younger. When Mr. Buick was young, his father worked at a variety of jobs, including Ford, convenience stores, and restaurants. His father struggled with alcohol. His mother ran an art department at a factory, and later worked for Michael’s craft stores.

[7] Mr. Buick had behavioural issues in school, beginning in grade school (he was first suspended in grade 3), including being rude and violent with teachers, using drugs and alcohol, and not attending. He was described as being of average intellect. He was never identified as having a learning disorder or ADHD. He finished grade 10 in the community. He completed his GED in custody.

[8] There was also evidence of conduct disorder in the community, beginning at a young age, including: being involved in fights, beginning in grade 3; shop-lifting beginning at age 9; stealing from family, progressing to stealing larger items like tools, bikes from Canadian Tire; breaking curfew and running away; selling drugs beginning around 15; shooting out a car window at age 16.

[9] When Mr. Buick was 12 or 13, his parents separated. Mr. Buick initially lived with his mother, but they argued repeatedly, and he moved in with his father. His father became physically abusive when drinking. Mr. Buick moved back and forth between his parents, before being apprehended by the CAS in 1983, after incurring criminal charges and being placed in child detention centres.

[10] Mr. Buick left CAS care around age 15, getting his own place in Hamilton, with the help of his father. Mr. Buick began to spend more time with peers involved in criminal activity, eventually becoming involved with motorcycle gangs (he told Dr. Woodside it was Hell’s Angel’s; Dr. Woodside noted that other records indicated he previously said it was the Outlaw Motorcycle club).

[11] Mr. Buick began to work full-time when he was 17 with a forklift at a warehouse. He was laid off after six months. (Mr. Buick explained that this led to him committing fraud – he stole cheques from his former employer which he cashed over the next few months, taking approximately $60,000-$80,000 before being caught and charged.) Mr. Buick has worked at a variety of jobs when not in custody, including road construction, Kelsey’s restaurant, delivering flyers, roofing, forklift work at a warehouse, and most recently a bakery and a donut shop. After he was released in 2018, he worked full-time at a bakery for over a year. He reported loving this work, but he quit in January 2020. He got another job in a donut shop but unfortunately it ended due to COVID-19. He was on employment insurance at the time of his arrest. Going forward, he would like to resume working in a bakery.

[12] Mr. Buick has had three long term romantic partners: TM, beginning when he was 16 and lasting about two years (they have a daughter together); JT, beginning when he was about 29, and lasting 13 years (they have a daughter together); and his current partner TT, who he has known since high school, and they have been together since 2016. He has limited contact with his daughters, and they do not currently want a relationship with him. Apart from his brother Brad and current partner TT, Mr. Buick does not have any close friends who are not involved in criminal activity.

[13] Mr. Buick’s history of offending is summarized in Dr. Woodside’s report, at pages 29-41, including Mr. Buick’s comments on the offending, to the extent he remembered it. The Crown has also provided a volume of material relating to Mr. Buick’s criminal record, including a chart of Mr. Buick’s “offence and incarceration history” including the date of sentence, and dates of release and reincarceration on the sentence. There is no dispute about the accuracy of the summary in Dr. Woodside’s Report at pages 29-41, and I rely on it. Nor is there any dispute about the accuracy of the Crown’s chart, which I also rely on. I reproduce it as Appendix A to these reasons. Mr. Buick frankly acknowledged to Dr. Woodside that his criminal record does not capture all his criminal activity while in the community.

[14] Mr. Buick’s criminal record began in 1987, when he was a young person. He received his first penitentiary sentence in 1990, when he was 20 years old. In broad strokes, Mr. Buick’s offending focuses on obtaining money, through fraudulent means, including stealing and using false cheques, and through violent means, including repeated bank robberies. The violence involved in the bank robberies has been primarily psychological, rather than physical, including threats involving knives and firearms, or apparent firearms, often to a teller or hostage in order to enforce a command (for example, during the December 21, 2007 robbery, after instructing a teller to put cash in a bag at knife point, Mr. Buick added “Do you want your fucking hand cut off? Can you go any slower?”). There has also been actual physical violence, for example, during the January 18, 2008, robbery Mr. Buick entered a TD Canada Trust in Hamilton (the same branch he robbed on December 21, 2007) and punched a security guard in the face. The guard punched Mr. Buick back, and a meat cleaver fell from Mr. Buick along with a plastic bag, and Mr. Buick fled, aborting the robbery. Including the index offence, Mr. Buick has been convicted of 10 bank robberies.

[15] Before being arrested in relation to the index offence, Mr. Buick received three significant penitentiary sentences: 9 years (the total sentence for consecutive sentences imposed on June 15, 1993 in Ottawa for four robberies); 10 years (the sentence imposed on June 27, 2000 in Hamilton for two robberies, the second running concurrently); and 10 years (the sentence imposed on October 30, 2008 in Kingston for three robberies, the second two running concurrently).

[16] Dr. Woodside noted that Mr. Buick estimated that he might have been out of jail a total of five years since the age of 18. Mr. Buick has never successfully completed a period of statutory release without re-offending. His longest period without new charges was during his most recent release between December 11, 2018, and the index offence on March 26, 2020.

[17] The index offence occurred a week after Mr. Buick was laid off from his work at donut shop due to the COVID-19 pandemic. He explained that this made him feel lost and he went on a cocaine binge. When Dr. Woodside asked Mr. Buick about the index offence, he explained:

he knew that if he needed money, he knew how to get it [i.e. by committing a robbery], rather than by asking for help when experiencing financial issues. “It always seemed like the go-to…I don’t know why, I had always done it.” (Woodside Report, p.2)

[18] Dr. Woodside described the violence Mr. Buick employed during the robberies as examples of “instrumental” violence, used to further his wishes (i.e. control the situation and enforce his demands). Dr. Woodside distinguished it from “reactive” violence, where someone becomes angry and acts out verbally or physically because they are in a heightened emotional state.

[19] Dr. Woodside summarized various institutional reports about Mr. Buick’s behaviour in custody, including programming he participated in, and his response, at pages 43-55 of his report. There is no issue with the accuracy of these summaries, and I rely on them. The treatments or programs Mr. Buick has participated in include:

• February 1996 – Program Violence I-II (he received positive feedback);
• September 1998 - May 1999 – Intensive Treatment Program for Violent Offenders (positive feedback);
• November 2002 - March 2003 – Cognitive Skills – Reasoning and Rehabilitation (positive feedback);
• July - September 2003 – Anger and Emotional Management Program (positive feedback);
• December 2014 – Mountain Institute Motivational Module – Refuser (Mr. Buick refused to participate in programming because he felt he had completed his required programming and that his maintenance could be done in the community);
• November 2015 – December 2015 – Warkworth Multi-Target Primer (completed one session before removing himself, indicating that he would take programing in the community upon release).

[20] Mr. Buick has not participated in CSC programming or treatment since 2003 (apart from the initial session in 2015 described in the list above).

[21] Prior to the index offence, Mr. Buick was living at Harbourlight Salvation Army half-way house (he had been there since his release in December 2018). He stayed with his partner TT when he had passes from the halfway house. TT reported that he was kind and considerate, and helped her around the house, including financially. Despite TT’s disappointment in Mr. Buick (in addition to committing the index offence itself, Mr. Buick took TT’s car, without her permission, in order to commit the index offence), TT remains loyal to, and supportive of, Mr. Buick. Mr. Buick reported that they speak daily on the telephone, and he loves and respects her.

[22] Apart from TT, Mr. Buick has limited pro-social relationships. He has little to no relationship with his mother or his children. His brother, Bradley Buick, has been, and remains, supportive of Mr. Buick and will be “there for him when he gets out” but admits that he has not spent a lot of time with Mr. Buick. Further, while he knew Mr. Buick as “nice, loyal”, he also knew that there was “another side” to Mr. Buick.

[23] While stable relationships are generally protective factors, Dr. Woodside was circumspect about TT’s ability to exercise a restraining force on Mr. Buick. He noted that she preferred not to focus on Mr. Buick’s criminal history, or how others might perceive him, and was more focused on the positive way he treated her. According to Mr. Buick’s testimony at the DO hearing, TT helped him attempt to sell the cocaine he claimed to receive in March of 2020 in settlement of a debt. This contradicts TT’s report that Mr. Buick did not use substances, beyond a cannabis joint “here and there”, and did not sell drugs. I believe this circumstance supports Dr. Woodside’s caution regarding the potential restraining influence of TT.

[24] Mr. Buick was not aware of having any specific psychiatric diagnosis, and denied ever receiving psychiatric treatment or care. Collateral information did not indicate any mental health concerns or diagnosis, but did indicate he had been diagnosed in the past as having an antisocial personality disorder, among other things.

[25] Mr. Buick began using hash at 12, beginning regular use at 14-15, sometimes using as much as 2-3g a day from 2016 onwards to the time of his arrest for the index offence. He reported beginning to use alcohol more significantly in his twenties, but has never seen it as problematic. He began to use cocaine in 2010 while in Kingston Penitentiary, though Dr. Woodside noted that other records indicated he used cocaine in the 1990s. Mr. Buick reported using it consistently, though intermittently (he would use for a few days then stop) since 2016. The last time he used was shortly before the index offence. He reported to Dr. Woodside that he had been given 7g as payment in the week before the arrest, and used daily throughout the week, in addition to trying to sell some of the cocaine. Mr. Buick reported using opiates intermittently.

[26] When Dr. Woodside asked Mr. Buick about the source of his difficulties, Mr. Buick stated:

I think there is some sort of self-destructive behaviour…I do well at something and then I get arrested…or I’m in a relationship and it’s going well and then I end it.” He acknowledged difficulty adjusting to a “straight” lifestyle and having been told [by another forensic psychiatrist] that he was a “thrill seeker”. He stated he liked doing thrilling things, like riding a motorcycle fast (up to 120mph), mountain climbing, bungee-jumping, finding these activities “exhilarating”. He noted he wanted to do the CN Tower “skywalk”. He noted he used to experience a lot of boredom when younger but less so as he aged. He believed that at least some of his criminal activity was for the “rush”. He denied ever using drugs or alcohol out of boredom.

The remainder of the reasons, including the detailed analysis of the psychiatric evidence, the legal framework for dangerous offender designations, the penalty phase, and the court’s application of the law to the facts, continues as in the original document, with all formatting, subheadings, and spacing corrected for clarity and readability.

Appendix A

Offence and Incarceration History

Court File No.: CR-21-7000183-0000
Date: 2025-03-12
Ontario Superior Court of Justice
His Majesty the King – and – Jason Buick
Reasons for Judgment
G. Roberts
Released: March 12, 2025