ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HIS MAJESTY THE KING
– and –
PAULA CHRISTENA STENLUND, SAMANTHA JACQUELINE HARDY AND SIERRA RHIANNA HARDY
Accused
Ms. S. Baker, for the Crown
Mr. R. Habjan, for Paula Stenlund
Ms. E. Morris, for Samantha Hardy
Mr. D. Rusnak, for Sierra Hardy
HEARD: March 2, 3, 4, 5 & 6, 2026 at Thunder Bay, Ontario
The Honourable Madam Justice C.M. Brochu
Reasons for Judgment
Contents
Overview 2
The Back Story 3
Summary of Evidence 5
Caley’s Evidence 6
I. Background Information 6
II. Events of May 15-16, 2020 7
A. The Afternoon of May 15, 2020 – Drive from Nipigon to McKenzie Heights Road 7
B. The Assault, Threats, and Kidnapping 9
C. Tyler Berube’s Home 12
D. Meeting with Kevin on May 16, 2020 13
III. Events of June 9-10, 2020 13
Justin’s Evidence 14
Interaction with Constable Barber and Statements to the Police 17
Inconsistences, Discrepancies and Other Evidence 20
Time 20
The Unknown Individuals and the Assault at McKenzie Heights 20
The Jacket 21
The Child Locks 22
Escape 23
Kidnapped and Assaulted by the Hell’s Angels 24
Corroborating Evidence 25
Statement on the Cardboard Box 25
Caley’s Injuries 25
Bottle of Vodka 26
Steps Taken by DC Dupuis 26
Cell Phone Analysis 27
Legal Principles and Analysis 27
Presumption of Innocence and Proof Beyond a Reasonable Doubt 27
Credibility and Reliability 29
Discussion and Findings on Credibility 31
Conclusion 37
Overview
1The events that have led to a series of charges against the accused took place in the Dorion and Nipigon area, two small townships located east of the City of Thunder Bay on Highway 11/17.
2The first event occurred between May 15 and 16, 2020, wherein Paula Stenlund (“Paula”), Samantha Hardy (“Samantha”) and Sierra Hardy (“Sierra”) are charged with kidnapping Caley Vrastak (“Caley”) contrary to s. 279(1.1) of the Criminal Code. Paula and Sierra are also charged with assaulting Caley contrary to s. 266 of the Criminal Code. Paula has an additional charge of uttering threats to cause bodily harm contrary to s. 264.1(1)(a) of the Criminal Code.
3The second event occurred between June 8 and 10, 2020, wherein Paula and Sierra are charged with assaulting Caley with a weapon (a bottle) contrary to s. 267(a) of the Criminal Code.
4Paula and Sierra were arrested on July 5, 2022, and Samantha on July 6, 2022.
5This matter is at times stranger than fiction. It involves a missing person/murder investigation, individuals entrenched in the Nipigon drug subculture, civilians conducting their own investigations, and a “vigilante justice” mentality.
6Whether the Crown has proven beyond a reasonable doubt the guilt of Paula, Samantha and Sierra, largely depends on my findings of credibility and reliability of the Crown’s main witness, the complainant, Caley.
The Back Story
7I think it is important in this case to set out some information regarding the investigation into Alyssa Turnbull’s (“Alyssa”) disappearance. These events inform what later occurred in this matter.
8On or about March 24, 2020, Alyssa, 26 years of age, went missing. She was last seen at the home of Storm Borg (“Storm”) in Nipigon. An extensive investigation was conducted by the Ontario Provincial Police (“OPP”) in relation to her disappearance. Evidence suggests that she died the same day. Storm later conducted disturbing internet searches related to body disposal and contacted Brian Soos (“Brian”) and Nicholas Soos (“Nicholas”) for help. The Soos discovered Alyssa’s body in Storm’s basement and assisted him in moving it to another location, where Storm dismembered her remains. Days later, they helped transport and dispose of her body, using Savannah Borg’s (“Savannah”) van. Savannah was dating Nicholas at the time. Alyssa's remains were located in a treed swampy area near the Kaministiquia river.
9The case remained unresolved until October 2023, when Nicholas led police to the disposal site. Alyssa's remains were recovered and positively identified on November 1, 2023, confirming dismemberment. Storm, believed to be involved in her death, died of an opiate overdose in October 2020. Nicholas and Brian were arrested and convicted for their involvement in disposing of Alyssa's body and of attempting to obstruct the course of justice.
10Detective Constable Dupuis (“DC Dupuis”) indicated that the Alyssa Turnbull investigation was by far the most complex and high-profile investigation carried out by the OPP in that region. Certainly, the most significant investigation he had ever been involved with.
11It was not only the police that were investigating, but many others were also conducting their own investigation.
12Jayson Lawson (“Jayson”), the uncle of Alyssa, and half brother of Alyssa's father, Kevin Turnbull (“Kevin”), attended the Nipigon community from out West and conducted his own investigation into Alyssa’s disappearance. Jayson claimed to be an ex-gang member of the Red Lion Motorcycle Club, an affiliated group (or puppet club) to the Hell’s Angels motorcycle club. During Jayson's investigation, he was setting up appointments for various individuals, including Caley, to attend the Nipigon OPP detachment to provide statements.
13Paula was also actively involving herself in the investigation. On May 14, 2020, Kevin had arranged for an interview, facilitated by Paula, with the OPP for Sierra and Samantha.
14It was the evidence of Robin Patkau (“Robin”), Alyssa’s stepmother, that Paula befriended them through social media. She would often be in contact with them, providing information that she had obtained in relation to Alyssa’s disappearance. They also met with her on several occasions, at times with others as well, to discuss information and the investigation.
15DC Dupuis indicated that Paula had at one point brought some bones to the OPP detachment, which she believed may have been human remains, later confirmed as animal remains. She also turned over to the OPP detachment some clothing that she believed may have been associated with the disappearance of Alyssa, including what she believed were Brian’s, Nicholas’ and Storm’s discarded clothing.
16Alyssa's family was also involved in their own fact searching and investigation. Her father, Kevin, and her stepmother, Robin, often traveled to the Nipigon area from Thunder Bay to meet with individuals that may have indicated having information related to Alyssa’s disappearance.
Summary of Evidence
17The Crown called the following witnesses at trial: the complainant, Caley Vrastak, Savannah Borg, Cass Potan, Justin Blakely, Robin Patkau, Constable Dorrie Barber, and DC Dupuis.
18There were three agreed statements of fact filed as exhibits, which included the following: agreed fact on the investigation into Alyssa Turnbull’s disappearance and the activities of Jayson Lawson; summary of cellphone information obtained from the Analytical Complete Report of OPP, Analyst L. Gillis; and the evidence of Kirsten Wawia.
19The accused did not testify, and the defence did not call any evidence.
20As indicated, this matter turns to a large degree on my findings of credibility and reliability of the complainant, Caley. I therefore propose to start by setting out her evidence. I will then review the inconsistencies/discrepancies in her evidence and other issues, while outlining some of the other witnesses’ evidence.
Caley’s Evidence
I. Background Information
21Caley is originally from Thunder Bay. She moved to Red Rock in or around March 2020 when she started dating Justin Blakely.
22Caley indicated that she met Samantha through Justin. She also acknowledged that they became friends and referred to her as the closest friend she had in Nipigon at the time. She subsequently met Sierra through Samantha.
23In or around May 2, 2020, Justin was arrested and incarcerated at the Thunder Bay jail for breaching his conditions to have no contact with Caley. Justin was released from custody on May 15, 2020.
24During the period that Justin was in custody, Caley had no where to live and remained in the Nipigon area. She admitted to being in the throes of addiction, her drug of choice being crack cocaine and meth. She was not employed and was practically homeless. It was her evidence, that once Justin was incarcerated, she went on a two-week bender. She stated having slept perhaps two or three nights in the two weeks prior to these events.
II. Events of May 15-16, 2020
A. The Afternoon of May 15, 2020 - Drive from Nipigon to McKenzie Heights Road
25There is no dispute that Justin was released from custody on May 15, 2020. There was contact between Caley and Justin at some point during the day. Caley stated that Justin called her through Facebook messenger on his tablet. He was at Robin’s Donuts in Thunder Bay and advised her that he had been released from jail. Caley stated having contacted several individuals for a ride to Thunder Bay, but none of them except Jayson were immediately available.
26Caley had been at Cass Potan’s (“Cass”) house that day. Cass was one of Justin’s friends. She admitted that she and Cass had been using crack and meth. They made their way to where Jayson had been staying, which was located behind Cass’ house, and met up with him and Savannah, to head out to Thunder Bay.
27There were four individuals in the van being driven by Jayson, including Caley, Cass and Savannah.
28They never made it to Thunder Bay. Instead, Jayson drove down McKenzie Heights Road, approximately 40-45 minutes west of Nipigon, where they followed a blue truck, driven by Kevin, with passengers Robin and Kirsten. Subsequently, perhaps 10-15 minutes later, a white truck arrived at that same location, driven by Paula, with passengers Sierra and Samantha.
29It should be noted that Caley did not initially know and/or recall where it was that they had veered off from Highway 11/17. It was not until more than two years later that she figured out the location as being McKenzie Heights Road and sent the location to DC Dupuis.
30Robin testified that they had been in Nipigon that day and were on their way home when Jayson called stating that he had Savannah and Caley and they wanted to talk. Robin stated that they had wanted to talk to Caley as she was going around looking like Alyssa and wearing her clothes.
31Since they were on their way to Thunder Bay, they decided to meet in Dorion as opposed to heading back to Nipigon.
32There are inconsistencies as it relates to what time of day this was. Caley thought it was early afternoon when she received a call from Justin. On the other hand, Justin stated that he was not released from custody until late in the day. He recalled having supper at the jail. Robin indicated that while they were on McKenzie Heights Road that the school day was coming to an end, as she recalled seeing a school bus, and children getting home.
33Caley indicated that she was scared when they veered off onto McKenzie Height Road. The blue truck passed them, and Jayson seemed to be following the truck. Savannah also testified that Caley was antsy and agitated. In or around that time, Caley received a call from her son who was at her mother’s home. Cass also indicated that Caley was on the phone with her mother.
34It was Caley’s evidence that she was still on the phone when the vehicle stopped. Robin and Kirsten were at the door of the vehicle. It was her evidence that she tried to signal to her mother that she was scared by asking her to call back.
35Caley stated that she got out of the vehicle. She was familiar with Kevin, Robin and Kirsten, as she had dated Andrew Otway, Alyssa’s brother in the early 2000s, and would have met them then. Kevin was yelling at her and asking questions about Alyssa.
36Robin admitted that she was upset and yelling at Caley as well. She denied ever being physical with her. In her words, it was a heated scene, people were talking and yelling.
37Jayson had Caley’s phone in his hands. They asked for her password and Kevin went through her phone. Caley was standing in front of the van while this was going on. Cass was near a rock standing off to the side. She observed Savannah getting into the back of Kevin’s truck.
38That is consistent with Savannah’s evidence that she went into Kevin’s truck to speak with Robin and Kirsten.
39Robin indicated that Kirsten and Savannah were inside the truck and that she was outside.
B. The Assault, Threats, and Kidnapping
40It was then that Caley observed a white truck pull up. She recognized Samantha and Sierra but did not recognize Paula immediately. It was Caley’s evidence that Paula came charging at her, grabbed her by the jacket, and attacked her. She fell to the ground. Sierra was on top of her throwing punches. Paula was kicking her. She was trying to shield her face with her arms. While this was happening, they were yelling things at her, but she does not remember exactly what they were saying. No one came to assist her.
41As a result of the attack, she had scratches on her chest and face. She lost her necklace and her glasses.
42She could not explain how the attacked stopped, but she remembered getting up from the ground. That is when there was some discussion with Jayson about setting up Brian and Nicholas. It was her evidence that no plan was in fact formulated, they simply discussed it. At that point, Caley stated that she would have agreed to anything to get out of this situation and indicated that she would do it, despite the absence of a plan and her not knowing what she had to do.
43Paula forcefully grabbed Caley by the arm and took her down a bit further from the group on a path. She sat her at the foot of a tree. Paula was asking Caley to tell her what she knew about Alyssa. Caley indicated that she did not know anything. Paula indicated to her that she did not have to be scared, and she could help her get into victim witness protection.
44While in the bush/path, there was mention by Jayson of a gun that was hidden in the bush. Sierra was trying to find it. There was never any gun found, nor did Caley ever see a gun. At one point, Jayson had also stated that he wanted a bullet put through Caley’s head.
45Paula and Caley continued to talk and had a cigarette. When they made their way back to the clearance, it was dark and everyone had left, except for Sierra and Samantha. As Caley did not have her glasses, they helped look for them, but they were not found.
46Caley stated that they, Paula, Sierra and Samantha, were keeping a close eye on her, and led her to Paula’s truck. She eventually got in the back seat of the truck, the child locks were activated, and as a result, she could not get out. Samantha was seated beside her; Sierra was in the front passenger seat and Paula was driving.
47It was Caley’s evidence that during the drive, they were calling her names. Paula threatened to rip out her teeth and skin her four-year-old son alive. Sierra was pulling her hair. She was trying to strip her naked, pulling at her jacket, saying that they wanted her to feel as cold as Alyssa did. Sierra was trying to pour vodka down her throat as she was ripping her clothes and pulling her hair. It was her evidence that she lost big clumps of hair.
48When they left the McKenzie Heights location, they headed towards Thunder Bay until Caley made a comment about there being something in Nipigon. It was her evidence that she did not want to go to Thunder Bay, as she thought it would be easier to escape in Nipigon.
49During the drive, they kept telling her that they knew she had information about Alyssa. They were wanting to know where the body parts were. That is when she mentioned that there was a body part buried under Brian’s porch. She also mentioned that there was a bloody towel at Nicholas’ home. That is when they turned around on the highway and headed towards Nipigon.
50Once they arrived in Nipigon, they headed towards Brian’s home. However, there was a police cruiser at the house. They drove around until the cruiser was gone. Paula dropped off Caley and Sierra at Brian’s. As they went through the backyard, the neighbour’s porch light went on, so they ran.
51They next went to Nicholas’ home. Paula parked two houses down. Caley, Samantha, and Sierra made their way to the house. The doors were barricaded by furniture. As a result, Sierra broke in by going in through the window. During this time, Caley was on the front porch with Samantha. Sierra then opened the door so Caley could enter.
52Caley knew there was a bloody towel in the kitchen. She had been there the day before; Brian was shooting up and blood went everywhere. They cleaned the blood with the towel. She found the towel in the garbage and gave it to Sierra. They then returned to the truck and Sierra threw the bloody towel in the back of the pickup truck.
53They next went to the Nipigon bridge. It was Caley's evidence that they were talking about drowning her. They removed her from the truck; Paula was holding her legs and Sierra her arms as they tried to drag her down towards the river. She fought back by kicking. They did not make their way down to the water.
C. Tyler Berube’s Home
54They were then dropped off by Paula at Tyler's home. While at the house, Tyler was home, and Mason Potan (“Mason”) was there as well. She was told to go directly downstairs and not to tip anyone off. Eventually, she went upstairs. She estimated that it was likely around midnight by this time.
55Caley testified that while they were at Tyler’s, she was being held hostage by Samantha. She had to sit always facing her and she did not feel as though she was free to go.
56While at Tyler’s, Justin called Samantha. Caley was sitting on the floor and could hear the conversation. She heard Samantha telling Justin that she did not know where she was. It was her recollection that later that evening, either Samantha called Justin, or he called again, at which time Samantha allowed her to speak with him. She was told not to tip him off. She had a brief discussion with him and told him everything was fine.
57It should be noted that Justin denied having spoken to Caley that evening.
58Caley acknowledged that she considered Tyler her friend. Mason Potan was also Justin’s good friend.
59While at Tyler's, they were doing drugs. Although Caley first denied having had any drugs that night, she recalled that they did give her some drugs. They did not sleep. She could not recall whether Samantha and/or herself used the bathroom at anytime that night.
60It was Caley's belief that Samantha was in communication with Kevin by way of texting. That is how arrangements were also made to meet up with Kevin the following day.
D. Meeting with Kevin on May 16, 2020
61The next day, Caley was advised by Samantha that Kevin had indicated she could go. However, it was Caley's belief that Paula advised that she could not go. It was now daytime. Paula came to pick them up from Tyler's. They then drove to the Can-op/LCBO in Hurkett. They also stopped at the dump.
62They then met up with Kevin on Fish Hatchery Road. She was later forced by Paula to write a statement on a cardboard box that she took from the back of the truck. Caley indicated that the statement was sloppy as she had no glasses.
63Subsequently, Paula dropped her off at the hotel. Justin arrived approximately 20 minutes later. She told him what had happened.
III. Events of June 9-10, 2020
64Justin eventually went to a residential treatment program for his drug addiction. While he was away, Caley remained in Nipigon. She was keeping her belonging at Dixie Angee’s place.
65Caley continued to use drugs. She maintained contact with Jayson. It was her evidence that she stayed around him for drugs and because he knew what was going on. She also felt protected by him.
66On or around June 9-10, 2020, Paula and Sierra attended Dixie’s. Caley texted Jayson to get there as soon as possible, as she feared them. Paula and Sierra took her phone, dragged her to the front lawn, and pulled her hair. Caley’s glasses fell off. They ordered her to get into the truck. She stated that she did not want to but eventually did, as Jayson had yet to arrive.
67They took her to the Nipigon bridge again. Paula was asking where Alyssa’s body was. She told her that she didn’t know. She was “bottle clapped” (hit with a bottle) on the side of the head by Sierra. This resulted in a black eye.
68She took a photo of her injury on or around June 10, 2020, and sent it to Justin. One of the photos she recalled was taken while in the back of the cab that victim services had obtained for her to get out of Nipigon. She also sent a copy of the photo to DC Dupuis via text after taking them.
69It was DC Dupuis’ evidence that he would have received these photos sometime after he interviewed Caley on February 21, 2021, and not immediately after she took them.
Justin’s Evidence
70Justin successfully completed his residential treatment program and has been sober for almost six years.
71He candidly admitted that he struggled with drug addiction and that he was heavily using in or around the time of these incidents.
72It was his recollection that he was released from custody on May 15, 2020, around supper time, as he recalled having supper at the jail. Once released, he took a cab and was dropped off at the courthouse. His uncle was supposed to pick him up, but he never came.
73He had with him a tablet and attended the Robin’s Donuts where he could use the free Wi-Fi to call Caley. When Justin told her that he had been released from jail and his ride was not present, she indicated that she would come and get him. She also told him she would contact her brother. Caley’s brother picked him up, he went to his house for an hour or so, but he could not stay there.
74It was his evidence that he tried to get a hold of Caley again but could not reach her. He was upset thinking that she had ditched them and was off doing drugs. They went to try and find a hotel for him to stay the night. These were COVID times and there were no hotel rooms available. He contacted a friend of his in Thunder Bay and went to chill at her house.
75He indicated that he did not speak to Caley again that night until the next day when he saw her at the hotel. He stated he contacted Samantha, sometime around midnight. He testified that he was pretty sure he could hear Caley whimpering in the background.
76After speaking with Samantha, he was upset, as he thought Caley did not want to speak with him. He smoked some crack and did some drugs with the others that were there. The next morning, his friend drove him to Nipigon.
77When he saw Caley, he described her as having scratches all over her face. He hugged her, put his hand on her hair, and noticed that there were bald spots on her head. She told him she had been kidnapped and beat up, but did not offer any details, nor did she tell him who had been involved. He stated that he did not pry as she told him she could not say anything.
78When asked what he did next, he indicated that they went fishing. They were there for approximately 30 minutes, when the police showed up and he was arrested. They were both brought to the OPP detachment. He was placed in a cell and could hear Caley freaking out.
79While at the river he noted that Caley was scared, and she did not want to go near the river.
80Justin testified having hung out with Paula that summer. He did not know her previously. He ended up at her home where they consumed some drugs. He stated that Paula was showing him pictures on her phone of bones that she believed were Alyssa’s remains. She also told him that she had given Caley chances, and while saying that she was making gestures of punching with her hand and fist.
81He never told Paula that he knew what had happened. He also denied having ever discussed this matter with Sierra, Samantha, Mason, or Tyler. It was his evidence that he kept his mouth shut.
82In cross-examination, his testimony from the preliminary inquiry was put to him which revealed several inconsistencies. He had testified that he did not have his own device to call Caley. As a result he used a stranger’s phone to try and reach her from Robin’s Donuts. He gave evidence that he called her brother from that phone as well. There was no indication at the preliminary hearing that he had a tablet with him and that he contacted Caley with his tablet. He confirmed that what he had said at the preliminary inquiry was incorrect. When asked whether he discussed his evidence from the preliminary inquiry with Caley, he confirmed that he had.
83He also indicated that at the preliminary inquiry he did not recall going to Caley’s brother’s home. He remembered that he had at the trial. He was also confronted with the fact that he did not mention at the preliminary inquiry that he could hear Caley cry in the background when he spoke to Samantha. When offering his evidence at the trial, he stated that Samantha never mentioned that they were at Tyler’s, which differs as well from his evidence at the preliminary inquiry.
84At trial, he also indicated that he first saw Caley at the hotel in Nipigon when he returned from Thunder Bay. This was contrary to his previous evidence that it was in Red Rock. He explained that he was confused when he testified at the preliminary inquiry, as he thought they were still in Red Rock when he returned from Thunder Bay.
Interaction with Constable Barber, Utterances and Statements to the Police
85According to Justin, when he returned from Thunder Bay to the hotel and saw Caley, he noted that she had scratches and was missing clumps of hair. He then decided that it would be a good idea to go fishing.
86There is a discrepancy as to when this event took place. Justin recalled that it was the same day he got back from Thunder Bay, which would be May 16, 2020. However, Constable Barber indicated that this occurred on May 17, 2020.
87Constable Barber explained that the area where Caley and Justin accessed Black Sturgeon River was on a property where a hill leads to the river. He did confirm that Caley was on the hill and that Justin was further down and closer to the river.
88Justin was arrested. It ended up being a misunderstanding as it related to conditions that no longer applied, but that had yet to be removed from CPIC. Once these issues were sorted out, Justin was released.
89Of interest, is Caley’s reaction when the police took Justin into custody, and the utterances she subsequently made to the police. It was her evidence that she was scared as she did not want Justin to be taken away, given what had occurred while he was last in custody and not around to protect her.
90She stated that she was freaking out and hyperventilating. It was her evidence that she was shaking so much that Justin had to place her in the back of Constable Barber’s cruiser.
91Constable Barber confirmed that Caley was beyond agitated and in distress. He compared her state to being in line with someone being advised of a family member’s death. It was his evidence that Justin had been arrested and placed in another officer’s cruiser, and Caley walked to the cruiser, as opposed to having been carried there by Justin.
92Once at the OPP detachment, Caley was placed in an interview room by Constable Barber, while other officers were sorting out Justin’s paperwork. While in the interview room, Caley indicated to Constable Barber that she had been kidnapped and tortured by the Hell’s Angels. They had taken her cell phone, purse, $400, and her glasses. They threatened her, held her head under water, held a gun to her head, and threatened to skin alive her four-year-old son. She also told him that she had given them a bloody towel.
93He was with Caley in the interview for approximately three to four hours that day. Although he did not take a statement, as he was waiting for another detective to attend, Caley did offer some information. Never once did she mention the names of Paula, Sierra or Samantha.
94Constable Barber confirmed that he was concerned for Caley. He explained that at the time, they were dealing with a high-profile missing person investigation. Caley was expressing the need for Justin to protect her. She had stated knowing more about Alyssa than she ought to know and had been tortured by the Hell’s Angels. He recognized at that time that she should speak to one of the detectives that were involved in the Turnbull investigation.
95He made arrangements for a detective to attend Nipigon from the Greenstone OPP detachment. Once the detective arrived, he attempted to take a statement from Caley. However, shortly thereafter, they learned that Justin could be released.
96Caley eventually left the detachment without providing a statement. When the police followed up with her a few weeks later, she indicated that she had not been in her right mind that day as she was high on clonazepam.
97On May 29, 2020, Caley gave a statement to police in the Turnbull investigation. That is when she mentioned to the police for the first time the incident involving the accused.
98On June 10, 2020, there was contact between DC Dupuis and Caley. She indicated that people were after her, she had recently been assaulted again and had a black eye. She stated that she did not want to talk and suggested that he call back the next day. He did reach out to her with no luck in obtaining a statement.
99On February 2, 2021, Caley provided a statement on the Turnbull investigation. During her discussion with DC Dupuis, she disclosed information about this incident. DC Dupuis indicated that he wanted to keep both investigations separate. A formal statement was not given to the police regarding this incident until February 16, 2021. The information provided to DC Dupuis on that day, was in line with the evidence provided at trial.
Inconsistencies, Discrepancies and Other Evidence
Time
100As noted above, there are several inconsistencies as it relates to time. There are many factors that can explain these discrepancies. These events occurred in 2020: statements were not obtained until 2021 and 2022. The parties are testifying at trial six years after the fact. Not to mention that some of the individuals were under the influence of drugs.
101In my view, the discrepancies that relate to time of day are not significant and peripheral in these circumstances.
The Unknown Individuals and the Assault at McKenzie Heights
102It was Caley’s evidence that there were two individuals she did not know at McKenzie Heights – a bald male and a bigger blonde female. She did not offer any other details. It was her evidence that they had been in Kevin’s vehicle.
103Cass is the only other individual that testified having seen two individuals he did not know and according to him, they were the ones he saw beating up Caley. Cass also commented on being high on molly and passing out in the van during the drive.
104Caley denies that these unknown individuals assaulted her. She was adamant that it was only Paula and Sierra that assaulted her. The other individuals were never identified.
105Robin’s evidence was that no one assaulted Caley. They were all yelling at her, but no one was physical with her. She also confirmed that the only individuals in their vehicle were Kevin, her, and Kirsten. When they left, they brought Savannah with them. This was also confirmed by Kirsten. Cass on the other hand indicated that Savannah left with him and Jayson.
106Kirsten recalled having accompanied Kevin and Robin from Thunder Bay to Nipigon to speak with Sierra. On the way back from Nipigon, they were informed that Jayson was hanging out with Savannah, Cass and Caley – they wanted to speak with them.
107She recalls that Paula was angry and that Sierra raised her voice at Caley. However, she did not recall anyone putting their hands on anyone or Caley being brought to the ground. She did state that she went in the truck with Savannah.
108According to Robin, they left because the scene was heated, and individuals were yelling. There were houses in the vicinity, and she figured they should leave before someone called the police. When they left, the van driven by Jayson and the white truck driven by Paula were still there.
The Jacket
109There was some importance surrounding the jacket that Caley was wearing that day. It apparently had belonged to Alyssa.
110Robin testified that she was upset with Caley as she had dyed her hair, according to her, to look like Alyssa, and was wearing Alyssa’s clothes, including her jacket. Despite the foregoing, she could not remember whether Alyssa gave them the jacket before they left. I would have thought that this would have been a detail of importance.
111On the other hand, Kirsten indicated that she recalled Caley giving her and Robin the jacket, and they brought it with them.
112The topic of the jacket resurfaced in Caley’s evidence, when she indicated that Sierra was grabbing at her clothing when they were in Paula’s truck. It was her evidence that she ripped her jacket and her shirt.
113If the jacket was left with Kirsten, it was impossible for it to have been later ripped off or still worn.
The Child Locks
114Caley indicated that the child locks were activated in Paula’s vehicle the entire time that they transported her in the vehicle. This was to prevent her from running.
115She stated that when they first guided her to the truck at the McKenzie Heights Road location, they initially placed her in the front seat. They tried to initiate the child lock for the front passenger door, instead they flipped a metal mechanism that resulted in the door no longer latching or properly closing. That is when they decided to place her in the back seat with the child locks activated on both doors. This also prevented Samantha, who was seated in the back seat as well, from being able to open her door.
116What is bizarre with this evidence is that Caley maintained that they took off with a front passenger door that would not close, as they could not figure out how to undo the mechanism they had engaged. She stated that Sierra, who was seated in the front passenger seat, had to hang on to the door, eventually wrapping the seatbelt so that the door would be held shut.
117They continued driving on Highway 11/17, at the highway speed of approximately 90 km/hr, with a door that was not properly shut. Not only that, but Sierra was reaching in the back at Caley, hitting her, ripping her clothes and hair, and trying to pour vodka down her throat.
118This evidence defies logic and makes no sense. It would mean that from McKenzie Heights Road to Nipigon, Paula drove on Highway 11/17 for approximately 40-45 minutes with the front passenger door being held by either Sierra or a seat belt, at approximately 90km/hr. And during this time, Sierra, seated in the front passenger seat, while potentially holding the door shut, was also assaulting Caley.
Escape
119It is advanced by the defendants that Caley could have escaped and/or tried to run away several times.
120While in the truck, it was Caley’s evidence that she did not feel as though she could leave. She was being threatened, and the child locks were activated, preventing her from being able to get out of the truck.
121It was Caley's evidence that she made-up the story regarding a body piece buried on Brian’s property and the bloody towel, in order for them to return to Nipigon as opposed to going to Thunder Bay. Her reasoning was that she could more easily run in Nipigon than she could have in Thunder Bay.
122The defendants argued that it should have been the other way around. She is originally from Thunder Bay. Justin was in Thunder Bay having been released from custody that day. They advanced that it would have made more sense for her to want to return to Thunder Bay. By her own admission, she was homeless in Nipigon and truly had nowhere to call home.
123They advanced that there were ample opportunities for her to run. When attending Brian’s home, she was alone with Sierra, the neighbor’s porch light came on, and she could have signaled for help or ran. When they attended Nicholas’ home, she was alone on the porch with Samantha as Sierra entered the home through a window. During that time, Paula was parked two houses down. She could have run. It was submitted that Sierra was not at all times beside her, and there was evidence that at one point Sierra was busy trashing and/or pushing down the televisions in the bedrooms. Caley indicated that the house was small enough that she could see into the bedrooms while in the hallway, and Sierra could still keep on eye on her.
124It is further indicated that there was no evidence that the door at Tyler's home was locked. She could have left.
125It is also noted that the homes of Cass (where Caley had been earlier that day), Steve Mahoney (where Jayson was staying – behind Cass’ home), as well as Mason and Tyler, are all practically within a stone’s throw from one another. It would not have taken much for her to run to a familiar place.
126On the other hand, Caley indicated that she was not able to run, as they were keeping a close eye on her. Furthermore, it was her evidence that she did not know where to go. She stated that she thought Samantha and Sierra were her friends. She thought the same of Mason, and despite her belief that he knew something was wrong, he did nothing to try and assist her. It was her evidence that she did not know who she could trust and was afraid.
Kidnapped and Assaulted by the Hell’s Angels
127On May 17, 2020, Caley made utterances to Constable Barber that she had been kidnapped and tortured by the Hell’s Angels, that they held her head under water, put a gun to her head, stole her phone, purse, and $400, and threatened to skin her four-year-old son alive. They let her go when she told them about a bloody towel.
128In cross examination, Caley stated that she did not recall saying that to Constable Barber. She admitted that if Constable Barber had indicated that she did, that it likely occurred.
129She also denied having been high on clonazepam, although that is what she told police when explaining why she did not recall what she had said to Constable Barber on May 17, 2020.
Corroborating Evidence
130The Crown submitted that the following was evidence that corroborated Caley’s evidence.
Statement on Cardboard Box
131It was an agreed fact, that on May 23, 2020, police officers were executing a search warrant at 114 Churchill St., the residence of Brian Soos, when Jayson arrived with a bloody towel and a message on a cardboard box that read “I Caley seen Brian and Nick cleaning blood from Brian. I took Aria away. I was there to shower and we walked in.”
132The cardboard box also indicated that she was willing to give a statement, and it was dated May 16.
133The police seized the towel and cardboard box. The towel was sent to the Centre of Forensic Science, and a report was prepared on November 4, 2020, confirming that Brian Soos could not be excluded as contributor to the DNA profile on the blood-stained towel seized from Jayson.
134Caley had mentioned when she was at the OPP detachment on May 17, 2020, that she had been tortured by the Hell’s Angels and only released once directed to the bloody towel. It was seized from Jayson, and the results of the DNA testing was consistent with what Caley had said.
Caley’s Injuries
135Constable Barber noted some scrapes on Caley’s head and upper torso, akin to a mild rash. He did not notice any missing hair or bald spots on her head.
136She took pictures of her black eye. Justin also noted her black eye when she contacted him, while he was at the hotel waiting to attend treatment.
Bottle of Vodka
137Caley testified that Sierra was trying to pour vodka down her throat while grabbing at her clothing and pulling her hair.
138Kirsten recalled that Sierra had a 26-ounce bottle of vodka when she saw her at the McKenzie Heights Road.
Steps taken by DC Dupuis
139DC Dupuis indicated that after Caley provided her statement on February 19, 2021, he took some steps to corroborate her evidence.
140He contacted the jail and confirmed that Justin had been released on May 15, 2020.
141On May 14, 2020, his colleague had received a call from Kevin indicating that Sierra and Samantha wanted to provide a statement. They were picked up from Paula’s house and dropped off there as well after providing their statement. This was significant to him as it was an indication that they were all together at that time. It also confirmed that their communication included Kevin.
142On May 27, 2020, Jayson turned over Caley’s cell phone during an interview to Constable Perella. DC Dupuis became aware of this fact while working on the Turnbull investigation. He confirmed having returned the cell phone to Caley quite some time later.
Cell Phone Analysis
143The cell phone analytical report confirmed that on May 15 and 16, 2020, there was contact between Kevin, Jayson, Paula, Sierra and Samantha’s devices. These calls triggered towers between Nipigon, Dorion, Hurkett, McKenzie Heights and S. Gillies/Thunder Bay area.
144It also confirmed that communications on June 9 and 10, 2020 occurred between Jayson, Caley, Sierra, Kevin and Paula.
145It should be noted that only a summary of the communication and time was provided. There was no context, nor were the contents of those communications revealed or provided.
146DC Dupuis stated that Caley’s telephone, when brought to police by Jayson, had been wiped clean, with no information contained from April 20, 2020, onward.
Legal Principles and Analysis
Presumption of Innocence and Proof Beyond a Reasonable Doubt
147Like every person accused of a criminal offence, Paula, Samantha and Sierra, begin this trial presumed to be innocent of the offences with which they are charged. That presumption remains intact unless and until the Crown proves beyond a reasonable doubt that they are guilty. It is the Crown that bears the onus of proving the essential elements of the offences beyond a reasonable doubt. That onus never shifts to the accused.
148Intermingled with the presumption of innocence is the standard of proof required to displace that presumption. To secure a conviction in a criminal case, the Crown must establish each essential element of the charge against the accused beyond reasonable doubt. This standard of proof is very stringent. It is a standard far beyond the civil threshold of proof on a balance of probabilities.
149The expression “proof beyond a reasonable doubt” has no precise definition, but it is well understood. In outlining a suggested model jury charge, the Supreme Court of Canada succinctly conveyed the meaning of “beyond a reasonable doubt” in R. v. Lifchus, [1997] 3 S.C.R. 320, at para. 39. This is the definitive guide for criminal trial courts in Canada. It is worth setting out here verbatim:
The term "beyond a reasonable doubt" has been used for a very long time and is a part of our history and traditions of justice. It is so engrained in our criminal law that some think it needs no explanation, yet something must be said regarding its meaning.
A reasonable doubt is not an imaginary or frivolous doubt. It must not be based upon sympathy or prejudice. Rather, it is based on reason and common sense. It is logically derived from the evidence or absence of evidence.
Even if you believe the accused is probably guilty or likely guilty, that is not sufficient. In those circumstances you must give the benefit of the doubt to the accused and acquit because the Crown has failed to satisfy you of the guilt of the accused beyond a reasonable doubt.
On the other hand you must remember that it is virtually impossible to prove anything to an absolute certainty and the Crown is not required to do so. Such a standard of proof is impossibly high.
In short if, based upon the evidence before the court, you are sure that the accused committed the offence you should convict since this demonstrates that you are satisfied of his guilt beyond a reasonable doubt.
150Three years later, in R. v. Avetysan, 2000 SCC 56, [2000] 2 S.C.R. 745, the Supreme Court of Canada clarified at para. 13 that:
In situating the criminal standard of proof, “it falls much closer to absolute certainty than to proof on a balance of probabilities”: Starr, at para. 242, per Iacobucci J.
151However, it should also be noted that it is nearly impossible to prove anything with absolute certainty. This standard does not exist in law. As mentioned, the prosecution’s only burden is establishing the guilt of an accused by proving the essential elements of that offence beyond a reasonable doubt: see R. v. Boucher, 2022 ONCA 40, at para. 63; R. v. Walton, 2019 ONSC 3213, at para. 33. In the words of Watt J.A., “Nothing more is required. But nothing less will do”: Boucher, at para. 63.
152To determine whether the Crown has proven the essential elements of an offence beyond a reasonable doubt, the trier of fact considers the whole of the evidence: Boucher, at para. 64. The whole of the evidence must meet the standard of proof – not any single fact or individual item, unless it is an essential element of an offence or of a defence: R. v. B.D., 2011 ONCA 51, at para. 96; Boucher, at paras. 64 and 71.
153Ultimately, the standard “beyond a reasonable doubt” means that if this Court is convinced an accused is “probably” or “likely” guilty, then the accused would be acquitted since proof of probable or likely guilt is not proof of guilt beyond a reasonable doubt: see Walton, at para. 33.
Credibility and Reliability
154Credibility and reliability are not the same. Credibility concerns the veracity of a witness; reliability involves the accuracy of the witness's testimony. Accuracy engages a consideration of the ability of the witness to observe, recall and recount. A witness who is not credible on a point cannot be reliable. The converse, however, is not true. A credible witness can nonetheless be unreliable: see R. v. C. (H.), 2009 ONCA 56, at paras. 41-42.
155Notably, it is not unusual for some evidence presented before the court to be contradictory, as witnesses will often have different recollections of events. It is the task of this Court to determine what, if any, evidence is considered credible and reliable: see Walton, at para. 36. In doing so, this Court can consider many factors influencing an assessment of a witness’ credibility, such as:
[…] a witness’ opportunity to observe events, as well as a witness’ reasons to remember. Was there something specific that helped the witness remember the details of the event that he or she described? Were the events noteworthy, unusual and striking, or relatively unimportant and, therefore, understandably more difficult to recollect? Does a witness have any interest in the outcome of the trial; that is, a reason to favour the prosecution or the defence, or is the witness impartial? This last factor applies in a somewhat different way to the accused. Even though it is reasonable to assume that the accused is interested in securing his or her acquittal, the presumption of innocence does not permit a conclusion that an accused will lie where the accused chooses to testify.
See Walton, at para. 36.
156It is also well settled that a trial judge may also consider “demeanour” in assessing the credibility of a witness: R. v. N.S., 2012 SCC 72, at paras. 18 and 26. However, this warrants a brief note: although it may be used as a factor to assess credibility, the Court of Appeal for Ontario has consistently cautioned against its over-reliance due to its fallibility as a predictor of the accuracy of a witness’ testimony: see R. v. Hemsworth, 2016 ONCA 85, at para. 44, citing Law Society of Upper Canada v. Neinstein, 2010 ONCA 193, at para. 66. In fact, it has been acknowledged that demeanour “is of limited value because it can be affected by many factors including the culture of the witness, stereotypical attitudes, and the artificiality of and pressures associated with a courtroom”: R. v. Rhayel, 2015 ONCA 377, at para. 85. Additionally, there is always a danger that demeanour may be overemphasized and misleading, which means that it should be factored into a credibility assessment with care: see R. v. D.P., 2017 ONCA 263, at para. 26.
157Overarchingly, “credibility is not co-extensive with proof” – even if a court finds a witness credible, it can choose to accept the evidence in total, in part, or not at all: Walton, at paras. 36 and 40-41. In light of this, it is worth summarizing the governing principles in assessing a witness’ credibility as expressed by Watt J.A. in Captain Clark v. The Queen, 2012 CMAC 3, at paras 40-45:
Witnesses are not “presumed to tell the truth”. A trier of fact must assess the evidence of each witness, in light of the totality of the evidence adduced in the proceedings, unaided by any presumption, except perhaps the presumption of innocence.
A trier of fact is under no obligation to accept the evidence of any witness simply because it is not contradicted by the testimony of another witness or other evidence.
A trier of fact may accept or reject, some, none or all of the evidence of any witness who testifies in the proceedings.
158With these principles in mind, I will now turn to the assessment of Caley’s credibility in this case.
Discussion and Findings on Credibility
159On the surface Caley appeared to be candid, however, that was only the tip of the iceberg. When looking below the surface, I came to realize that there were significant issues with her testimony. As I will explain, I find that it went beyond mere reliability and impacted her credibility.
160She readily admitted that she was an addict and was in the throes of addiction when these events occurred. Her sense of time was lost, and she was not looking at the clock. It was her evidence that she had been on a two-week bender while Justin was in custody. She was using daily, as much as she could, day and night, not having slept for more than two to three times in the previous two weeks.
161The ongoing use of drugs during that period, her difficulty with sense of time, when days would run into night, may explain the issues surrounding timing of events. For example, it could explain why she was not sure when Justin called her, or when they left Nipigon to make their way to Thunder Bay, or even what time of night and/or early morning the events unfolded.
162Consequently, I have not put much weight on the discrepancies regarding what time of day it would have been.
163It is expected that drug use, lack of sleep and awareness will result in gaps in memory. However, Caley maintained that she was no longer under the influence of drugs by the time they arrived at McKenzie Heights, and that she did not consume any more drugs that day. Having been using for two weeks straight, she would definitely have been in serious withdrawals if that was the case. She later remembered having been given some drugs at Tyler’s.
164She was described by Robin as being as “high as a kite”. Kirsten described Caley as looking “weird” and “kind of strung out”. She also recalled that Caley looked “not clean” and appeared as though she had not showered in a while. She felt sorry for her as she seemed “very off”. Those observations are in line with someone that has been on a two-week bender.
165I was obliged to take Robin’s evidence with a huge grain of salt. She did not want to testify; she made that clear. She was evasive in her answers, mainly answering with “I don’t know” and “I don’t recall”. She offered as little as she could.
166I find that Caley downplayed the effects that the drugs had on her and her memory.
167The above issues affect the reliability of Caley’s evidence and may not have been fatal to her credibility. After all, at first glance, Caley presented well. She is clean and sober now. She was articulate and the surface was somewhat polished.
168I pause now to comment on the credibility of Justin. It became clear during his testimony that he was testifying as to memories he now had and that he may have reconstructed in discussing his evidence with Caley after the preliminary inquiry. Although he was honest enough to admit having discussed his evidence with Caley, this did not preserve his credibility.
169There is more than just this issue that affected his credibility. Some of his evidence was devoid of common sense. For example, when he returned home from jail, he realized that Caley had been beaten up and that she was missing clumps of hair. She gives him minimal details, refusing to tell him who did this to her, saying she cannot say anything. He asked no further questions and decided that they should go fishing.
170When they get to Black Sturgeon River, Caley refused to go down to the water with him. He testified that she seemed scared and upset. He leaves her at the top of the hill and went fishing, as he put it “pickerel is running” and he wanted to catch fish.
171We also know from the evidence of Constable Barber that the fishing expedition occurred on May 17, 2020, the day following his return to Nipigon.
172There is no question that the parties attended McKenzie Heights Road. The evidence is clear on that aspect. I also accepted that the meeting was heated, everyone was yelling, and it would seem that Caley was taking the brunt of it. It is possible that she may have also been assaulted. What is not clear is by who? The two mystery guests, or someone else?
173What transpired from there is less than clear and muddled by stories that mostly defy logic. The following is an example, according to Caley, they were driving down the highway with Sierra holding on to the passenger door of the truck, or perhaps having the seat belt wrapped in some way to hold the door, while grabbing at her from the front seat, scratching her, ripping her clothes, pulling out her hair, trying to get her to eat her hair, and pouring vodka down her throat.
174Caley suggested that they go to Nipigon as opposed to Thunder Bay, because she thinks that she can more easily run. They get to Nipigon, they break into Nicholas’ house, she retrieves the bloody towel from the kitchen, and they leave. No attempts were ever made to escape. The opportunities presented themselves more than once.
175When Caley tells the police what happened, she reports having been tortured, held under water, having a gun to her head, and being threatened by Hell’s Angels. She also attributes the threats of them skinning her son alive to the Hell’s Angels. This evidence is left unexplained by Caley. All she says is that she does not recall saying this to the police, and that she likely did, if Constable Barber said so.
176That is quite a story to tell the officer and not remember. Even more so to leave it unexplained. It is convenient for Caley to state she does not recall, and attribute it to her drug use. Based on her evidence at trial, it means she lied to the police about the Hell’s Angels, or was that the truth, and she is lying now?
177There is some corroborating evidence. However, it is questionable whether it corroborates Caley’s evidence regarding the alleged actions she is attributing to the alleged perpetrators.
178I note that some of the corroborating evidence is provided to the police by Jayson. He is the one who provides the bloody towel and the cardboard box. Caley’s purse, glasses and telephone are also returned to Caley and/or provided to police by him.
179Jayson is the one that under false pretense was bringing Caley, Cass and Savannah to Thunder Bay to pick up Justin. In reality, he made arrangements with Kevin to have them speak to him about what they may know about Alyssa’s disappearance.
180Jayson even told police that he was trying to scare Caley “as fucking much as I can. I’m trying to show the fear of God”.
181Despite the foregoing, Caley took to Jayson, as she felt protected by him. He provided her with drugs. It was her evidence that while Justin was waiting to get into treatment, it was Jayson that protected her.
182The cell phone analysist report confirms that there was communication on May 15 and 16, 2020 between Kevin and Jayson, Kevin and Paula, Kevin and Sierra, Kevin and Samantha, and that these calls triggered cell towers in Nipigon, Thunder Bay (Mountdale), S. Gillies, Dorion and the Hurkett/Shuniah corridor.
183The fact that there was contact between these individuals is not determinative of this matter, other than to confirm that they were in contact with one another. It is not hidden and accepted that they were all looking to determine what had happened to Alyssa. Without any context as to the contents of the conversation, it only confirms that they were in communication.
184The same can be said of the telephone calls and text exchanges on June 9-10, 2020. It is evidence that they were in contact, nothing more than that. It would be pure speculation to venture a guess as to what was being discussed during those conversations. The Court heard no evidence from any of the individuals involved in those communications, other than Caley, who was not the main contributor.
185I should also note that I have placed no weight on the arguments advanced by the defense on late report to the police.
186As stated above, the credibility and reliability of Caley was crucial in this matter.
187I considered whether I could parse out some of the evidence offered by Caley. For example, could I accept that she was forced to go with Sierra and Paula in early June, and was bottle clapped by Sierra? There is no dispute that Caley had a black eye. She took a picture of it. Could I accept that Paula forced her to write a statement on the cardboard box? Jayson provided this to the police.
188However, this would amount to cherry picking the evidence. As mentioned, I am aware that I can accept some, all or none of the evidence offered by a witness. However, in this case, finding any of the testimony as reliable would be ignoring my findings on her credibility.
189Her credibility having been affected, in this case, casts doubt on all of her evidence.
190Quite frankly, none of the witnesses were stellar or star witnesses. They all had challenges with either credibility or reliability. That is not the Crown’s fault. The officers that testified were left trying to connect the dots, as was I, with less than reliable and credible information. They did what they could by attempting to corroborate the evidence. However, those pieces, in the end, were insufficient to satisfy a court beyond a reasonable doubt and certainly did not bolster Caley’s credibility.
191For the above reasons, I find that Caley was not a credible witness. Without her evidence, I find that it is impossible for the Crown to satisfy its heavy onus of proving beyond a reasonable doubt that Paula, Sierra and Samantha perpetrated the offences with which they are charged.
Conclusion
192For reasons that are apparent, I did not see the need to outline the law as it relates to the offences with which the accused are facing.
193The only law that that is of importance is that the Crown has the onus of proving the essential element of the offences beyond a reasonable doubt. That burden never shifts.
194At its core, this case was about credibility and reliability.
195This is a matter where I am left wondering what truly transpired. I conclude that something probably happened to Caley. However, probably is not good enough. I have to be satisfied beyond a reasonable doubt. Furthermore, I have to be satisfied not only that the events took place as described, but that the accused were responsible for the offences for which they are charged.
196Do I believe Paula involved herself in matters she should not have? Yes.
197Do I believe there was some vigilante justice? Yes.
198However, what I have struggled with, is determining what really happened, who is responsible and for what alleged offences, if any.
199This is the ripple effect of witnesses lacking reliability and credibility.
200I am not satisfied beyond a reasonable doubt that the individuals accused of these crimes, perpetrated the offences with which they are charged. When I look at the evidence as a whole, I am left with a reasonable doubt.
201Consequently, I must acquit Paula Stenlund, Samantha Hardy, and Sierra Hardy, on all charges.
The Hon. Madam Justice C. M. Brochu
Released: March 13, 2026
CITATION: R. v. Stenlund & Hardy et al, 2026 ONSC 1560
COURT FILE NO.: CR-24-0202-00
DATE: 2026-03-13
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HIS MAJESTY THE KING
– and –
PAULA CHRISTENA STENLUND, SAMANTHA JACQUELINE HARDY AND SIERRA RHIANNA HARDY
Accused
REASONS FOR JUDGMENT
Brochu J.
Released: March 13, 2026