R v. Omeire, 2026 ONSC 1813 — Superior Court of Justice | minicounsel

CITATION: R v. Omeire, 2026 ONSC 1813

COURT FILE NO.: CR-24-101955

DATE: 2026-03-30

I. Currie, counsel for the Crown

Crown

and -

S. Biesbroek, counsel for the Defence

Defence

HEARD: March 16, 2026

Information contained herein cannot be published, pursuant to Section 486.4(4) of the Criminal Code of Canada, information that may identify persons described in these Reasons for Sentence as the complainant and a witness may not be published, broadcast, or transmitted in any manner. These Reasons for Sentence comply with this restriction so that they can be published.

SKARICA, J. (Orally)

1Here are my reasons for Sentence, which are more comprehensive than normal. As I have indicated, I am going to be more thorough than usual for reasons that will become obvious.

2This is the matter of R v. Boss Omeire, Reasons for Sentence.

Overview

3After a judge alone trial, the accused was convicted of a number of charges as follows:

Extortion of $50;
Transmitting an intimate image without consent; and
Three counts of breaching bail conditions.

4The accused and K.B., the complainant, had been in an intimate relationship. The accused demanded $50 or he would distribute sexually explicit videos of the complainant having sex with the accused. The complainant paid the $50 but the accused posted the sexually explicit video anyway. The accused was subsequently arrested and released on bail but violated the release terms by continuing to contact the complainant.

Issues

5What is the appropriate sentence for the accused who was convicted of five offences on two separate indictments ?

The Facts Regarding The Extortion Count

6The facts regarding the extortion count, as set out at pages 23 and 24 of my Reasons for Judgment dated January 8, 2026, are as follows, starting at page 23:

“Now, applying those facts to counts 1 and 2 of the preferred indictment, starting with count 2, extortion of $50 by way of threats. The Defence concedes that the Crown has proven the extortion count beyond a reasonable doubt. There is doubt that K.B. sent the accused $50 solely due to the threats inflicted on her by the accused. As already outlined, the accused was obtaining explicit videos of her and promised her that her life would be completely decimated by the next day.

As previously indicated at page 3 of Exhibit 3A, the complainant practically begged the accused not to send the explicit video. The accused indicates at page 5 of Exhibit 3A, the money is for his time. He tells K.B. to stop arguing, and he says, “I promise I will ruin your life”. She says she is afraid of the accused – a reasonable assertion in the circumstances. The accused at page 6 indicates: “You will be terrorized, you, I’m not joking with you”.

The accused tells her at 11:30 p.m. to send the $50 by midnight or she will regret it. He tells her at page 7, Exhibit 3A, “You will regret wasting my time tonight. Me sending videos is a consequence of you wasting my time”. At pages 8 and 9 the victim says she will pay the $50 if he will not send the videos. The complainant indicates at page 9 of Exhibit 3A, “But you just said if I send the money to not waste your time, then there’s no consequence”. The accused agrees, indicating, “Yes, because if you’re sending money you’re paying for my time”. Accordingly, at 11:31 p.m. she sends the accused $50 – See Exhibit 4 receipt.

In Exhibit 5 transcripts at pages 15 through 16, K.B. tells the accused on March 14^th at 10:23 to 10:24 p.m., she has sent him so much money that now she does not have enough money to pay her bills. This is about an hour before she sends the $50. Accordingly, there is overwhelming evidence that the accused extorted $50 from the victim by way of threatening to publish explicit videos of her and thereby, within twenty-four hours, her life would be ruined. The Crown has proven count 2, the extortion charge, beyond a reasonable doubt.

7The facts regarding this count, as set out at pages 24 through 27, 31, and 32 of my January 8, 2026, Reasons for Judgment, are as follows, starting at page 24:

“Now, dealing with count 1, transmitting an intimate image without consent. Despite receiving $50 due to his extortion threats made on March 14^th, the accused informs K.B. on March 15^th to check his story and text. (See for example page 43 of Exhibit 5). K.B. testified that the accused texted K.B. that he put the explicit video, that is the one she does not like with the gag in her mouth, on his private Snapchat story. (See page 7, Exhibit 3A and pages 41 through 42 of Exhibit 5).

K.B. testified regarding the Snapchat story and the text sent to her, that the accused transmitted the intimate image to both her and her Snapchat story. She testified that both of those things were done, according to the accused, and she confirmed that with seeing the text and the Snapchat story. K.B. again pleads with the accused, as you can see in the transcript, not to distribute any explicit videos or forwarding photos and to delete any ones he has. (See for example pages 42 through 50, Exhibit 5).

She also indicates he is blackmailing her. (See pages 63 and 64 of Exhibit 5). The accused indicates at page 63, “And posting the video is the least he can do to a rapist enabler”. The accused indicates that is how he sees her, as a fucking rapist enabler. That is at page 63 of Exhibit 5.

8Section 162.2(a) defines an intimate image to include a video recording for which a person is engaged in explicit sexual activity. The Exhibit 1 admission indicates that the video under discussion depicts the accused having sexual intercourse with K.B. while she was wearing a ball gag, and her breasts are visible at certain parts of the video. This video is obviously an intimate image as defined in Section 162.2(a).

9Further, the evidence clearly establishes that K.B. did not consent to the transmission of the intimate image, and she also has an expectation of privacy in the video as defined in Section 162.2(b) and (c).

10The accused indicates at pages 44 and 45 of Exhibit 5 that he will delete the video once Orlando sees it. At page 63, Exhibit 5, the accused tells her – that’s the complainant – that her consequences have started as there are eleven views of the video with seven replies. (See also Exhibit 6, pages 11 through 12 and page 45). After his arrest, the accused admitted he put the intimate image in a group chat and he did not share it with anyone else. It is possible that eleven people did see the intimate image as indicated in the accused’s text. It is also possible that only the victim was given access to the intimate image.

11The Crown did not call evidence from anyone other than K.B. indicating that they saw the video. Accordingly, applying the test in W.(D), as outlined by Justice Cory, I will proceed on the basis that the Crown has proven beyond a reasonable doubt, that the accused texts K.B. that he had posted the intimate image in a Snapchat and texted her that he had done it. I will limit my findings to that conclusion.

12The trial evidence clearly establishes the victim did not consent to this transmission, and the accused was fully aware that she was not consenting. Going to page 31: “Regarding the indignity of the complainant, we will deal with that in a minute. Relying on Roppovalente …, I find that, on the evidence:

The accused clearly transmitted the image in two ways, transmitting it to a Snapchat and then texting K.B. to access it.
The image as indicated in Exhibit 1 was clearly intimate.
The transmission was done without K.B.’s consent. (See for example, of many examples, but just one is necessary – Page 3 and 7 through 9 of Exhibit 3A.
The accused is aware that K.B. was not consenting. (See for example again, pages 3 and 7 through 9 of Exhibit 3A). In fact, the accused extorted $50 from K.B. not to send the video.”

13That is the evidence regarding counts 1 and 2 of the preferred indictment. I call that indictment number 1; now, indictment number 2 , the bail breaches.

14After the accused is arrested, he was released on his undertaking dated March 16^th, 2023, with a condition not to communicate with the complainant. See trial Exhibit 2. Between March 21^st and March 24^th, 2023, the accused contacted K.B. on numerous occasions. Accordingly, the accused was convicted of count 3 on a separate indictment number 2 – separate from the main charges of extortion and transmitting an intimate image that were included in the two-count preferred indictment number 1.

15The accused was re-arrested and released again on March 26^th, 2023, with a condition not to directly or indirectly communicate with the complainant. However, on April 16^th, 2023, the accused again violated that condition in several ways. He was convicted of counts 5 and 6 on the separate indictment number 2. The court documents indicate that the accused was released yet again for a third time after all those breaches, on a $2,000 recognizance on April 24^th, 2023, with Divine Omeire, his sister, signing as a surety.

The Circumstances Of The Offence

16At pages 32 to 36 of my Judgment, I outline the various ways that the accused intentionally violated the complainant’s dignity as follows, going to page 32 of the Judgment:

“I would like to make some comments regarding the indignity to the complainant. Regarding the indignity to the complainant and violations of her privacy interests, I find that the accused intentionally violated K.B.’s dignity in a variety of ways in transmitting or threatening to transmit the intimate image. He did this as follows:

The accused told K.B. that her life would be decimated. She would not recognize her life. (See Exhibit 3A, page 3).
The accused promised to ruin her life. (Exhibit 3A, page 5).
These threats made the victim quite afraid of the accused and she told him that. (Exhibit 3A, pages 5 through 6 and Exhibit 6, pages 8 through 9).
The accused used these threats to extort $50 from the victim at a time when she was having difficulty paying her bills. (See Exhibit 3A, pages 8 and 9, and Exhibit 5, page 16).
The accused told K.B. she would regret wasting his time, and the videos would be a consequence of that. The accused told her he would start with the gag in the mouth, the one she hated. (Exhibit 3A, page 7).
He used the intimate image to try to force K.B. to take action against a former boyfriend which she did not want to do. (See for example Exhibit 5, pages 43, 46, 49).
The accused distributed the intimate image even after indicating that it would not be done if $50 was paid. (See Exhibit 3A, pages 8 through 9; Exhibit 5 at page 43).
The accused refused to take down the video or delete it prior to his arrest. (Exhibit 5, pages 41, 42, 43 and 48). Except that he promised to delete it after Orlando saw it. (Exhibit 5, pages 44 and 45). His purpose in doing this, as he told her, was to let Orlando know that Orlando had to rape the complainant for something as basic as cowgirl “but that you are willingly my slut” – that is the accused’s slut. (Exhibit 5, page 45).
The accused told the victim he was taking her down along with Orlando. (Exhibit 5, page 50).
The accused told K.B. that eleven people had viewed the intimate image, and seven people had replied. (Exhibit 5, page 63; Exhibit 6, pages 11 and 12).
The victim indicated, ‘This is blackmail’, and the accused said it was not blackmail; it was torture. (Exhibit 5, pages 64 and 65; Exhibit 6, page 2).
The accused tells the victim he will make sure the victim does not achieve her dreams. (Exhibit 6, page 14).
The accused tells the victim at Exhibit 6, pages 14 through 15, that his sister does not send or make videos like a slut. The accused states, “My sister is not a slut like you. She doesn’t send or make videos like a slut. Fucking white trash slut crying about your leaked nudes. Your dad will ask you why you sent them. He’ll only get mad to you what you do to his image”.
The victim tells him she is scared, and indicates, “I am extremely scared of you, and I am scared of Orlando”. The accused tells her she can tell her parents and they will know it by way of court cases in any event. The victim states, “You want me to add him on Facebook puts me in danger and I already feel in danger with you”. (See Exhibit 6, page 20).
The accused states that, “Orlando has already started posting videos of you”. The accused states that his plan in calculated torture. (Exhibit 6, page 43 and 44).
The accused tells K.B. that Orlando has seen the messages, and K.B. indicates that, “He’s opened the messages and eleven people have seen your story and you expect me to trust you; you’re literally putting me in danger”. (See Exhibit 6, page 45 to 46). In response, the accused indicates, “I told you, by this time tomorrow, your life will be upside down”. (See Exhibit 6, page 45 to 46).”

17“Regarding indignity to the victim, I conclude that the accused intentionally used the intimate image to frighten and psychologically torment the victim in an attempt to strip her of her dignity. Accordingly, the accused flagrantly, cruelly, and deliberately invaded her reasonable expectation of privacy in the intimate image he distributed on March 15^th, 2023. The trial evidence overwhelmingly establishes the essential elements of count 1 as outlined in paragraph 28 and 60 of R v. Roppovalente. The accused is found guilty of count 1 of the preferred indictment.”

The Circumstances Of The Offender

18Referring first to the Pre-Sentence Report. In the Pre-Sentence Report the accused indicated that he was an international student from Nigeria since 2014. The complainant indicated he is taking time off here and there. The PSR indicates that the accused was born in Lagos, Nigeria. He is the eldest of four siblings. In 2014 the accused immigrated to Canada as an international student. His sister and two brothers followed to Canada, but his parents remained in Nigeria.

19The parents visit the children in Toronto from time to time. The family was religious and attended church regularly. The accused has positive relationships with his parents and siblings. The parents set aside funds to enable the children to obtain post-secondary education outside the country. One brother has died in a tragic accident in 2024. His sister has acted as his surety. The accused is single and has no children. The father indicates the accused continues to receive strong family support. The sister reports that the family is close, and the parents catered to the children’s needs.

20The accused indicates his father continues to financially support him. The accused has no regular employment, but starting in 2023, he started his own online ministry. The accused stated in the Pre-Sentence Report at page 4, that he has “always been part of the church working for God”. Regarding education, the accused completed secondary school in Nigeria. He was attending university in Ontario in a Bachelor’s degree program in chemical engineering. The accused advised in the Pre-Sentence Report that this education is on hold in his third year due to the matter before the court.

21Regarding drugs and alcohol, the accused had a marijuana use problem from 2016 up until 2023. He stopped smoking marijuana in 2023 and has no issues with alcohol or illicit drugs. The father in the Pre-Sentence Report indicates that the accused was diagnosed with bipolar disorder, but is unsure if the accused is taking medication. The father says the accused is remorseful.

22Regarding his immigration status, according to Jason Atkinson from the CBSA, the accused arrived in Canada in 2014 on a study permit. He failed to leave in 2023 when his status expired. The accused currently has no legal status in Canada, and has a removal order.

23Now referring to the character references filed by the Defence. The accused has filed letters of support from his family, Jamieson Omeire, his brother; Divine Omeire, his sister; and his parents, Robert Omeire and Mrs. Omeire plus a letter from a friend, Osas Uhunmwagho. Basically, the letters indicate the accused is a person of good character with a past of being an outstanding student in Nigeria. The sister, Divine Omeire, indicates the accused attended Grade 12 at Bronte College in 2014 here in Waterloo, and then gained admission to the University of Waterloo to study chemical engineering.

24The sister indicates the accused has developed substance use and mental health challenges. He returned to Nigeria in 2020 for rehabilitation. He received strong emotional, familial, and spiritual support from his family. According to his sister, he returned to Canada in 2021 with renewed discipline and determination. Accordingly, he returned to Canada in 2021 to continue his education in chemical engineering.

25Shie indicates the accused made poor choices, resumed marijuana use and this led to other stresses to play a role in his crimes against K.B. The family says the accused is deeply remorseful and has undergone significant personal growth while out on bail. The accused’s brother died in 2024 in an accident, which had profound impact on the entire family. The parents and the sister are asking for a conditional discharge to enable the accused to complete his studies. The parents indicate between 2016 and 2021 the accused was hospitalized for drug-induced psychosis and bipolar disorder. The father indicates in his letter – it has been read into court but I’ll refer to several of the paragraphs to ensure the family that I have considered their submissions.

26The letter dated March 8, 2026, from the two parents. Under the heading “A Lifetime of Excellence and the Hopes of the Family”:

“Boss has been a beacon of excellence his entire life. Long before he reached these shores he was a national scholar, a school prefect who earned a historic 9.8 in his West African Examinations Council exam. It was an achievement so rare it was celebrated in our national newspapers. That same brilliance carried him through his Ontario Secondary School diploma, and eventually earned him a coveted seat in chemical engineering at the University of Waterloo. He is the first of our four children. He is the one who carried all our hopes for the future on his shoulders”.

27Under the heading The Invisible Burden, A decade of mental health struggles:

“However, that brilliance was shattered by a quiet devastating struggle. Between 2016 and 2021, Boss was hospitalized intermittently for drug-induced psychosis and bipolar disorder. While this was not a formal defence at trial, it is the undeniable clinical reality of his life. Boss is not a man of criminal intent. He is a young man who was, at the time, suffering from a severe mental health crisis that clouded his judgment and undermined his stability.”

28Under the heading Redemption Through faith and Service:

“Despite his struggles, our son has shown a profound commitment to change. During his three years on bail he dedicated himself to God, walking the streets to evangelize and mentoring young people to avoid the traps that led to his own mistakes. Even now in the correctional facility, he continues to minister to fellow inmates. He is a man of faith seeking redemption not a career criminal.”

29Under the heading Fatal Consequences of Deportation and Educational Ruin:

“Because Boss certainly faces a deportation notice, any custodial sentence would be a final death sentence for his future. Under the Immigration and Refugee Protection Act, a sentence of six months or more would strip him of his right to appeal his removal on humanitarian grounds. We passionately plead for a conditional discharge. This is the only path that allows his legal team to argue for a stay in Canada, enabling him to remain in our care to manage his psychosis and finally complete his degree at the University of Waterloo. To deport him now would permanently erase the decades of sacrifice and the hundreds of thousands of dollars we have invested in education.”

30The bottom line of the character references is that the accused has excellent educational potential that fell prey to mental and drug-induced challenges. However, the family claims that he has grown since the time of these offences. The character they portray is totally at odds with the evidence of the accused’s character and actions proved at this trial beyond a reasonable doubt.

Impact On The Victim/Complainant

31In the Pre-Sentence Report, K.B. stated she met the subject in 2019 online, and their contact was on and off until March 2023. She indicated that the accused smoked marijuana multiple times per day. At page 6 of the Pre-Sentence Report she describes the accused as “forceful, stern, manipulative, and that he thinks he is above everyone else”. She reports that the accused is emotionally and verbally abusive towards her, and also, he became physically abusive. Both her and the police indicate that the victim has safety concerns and is fearful for her safety.

32The victim impact statement of the complainant details significant impact and trauma inflicted upon her. I intend to read portions of the victim impact statement into the record. At page 2, she indicates:

“Everything that happened from then on into April [she’s talking from March 2023 to April 2023] made me feel completely powerless. Being threatened and extorted made it feel like Boss was in full control to do whatever he wanted to me. Seeing the explicit video of me physically posted to the social media platform made my heart sink. An act that I did in private with someone who I thought I could trust, out there for anybody to see. It made me feel sick to my stomach, and I felt all my autonomy disappear. When he showed up at my apartment that night of the arrest, I was frozen in fear, helpless, powerless, terrified. There was no knowing how far this would go; what would happen if he broke the door and got in. I was in absolute fear for my safety. Even after getting arrested multiple times, I still had no safety from him given the numerous contact breaches. I was in constant fear of if or when and how the next contact breach would occur. For the last three years I have been living in constant fear, knowing that at any time he can make a reappearance, having no trust that the bail order would keep him away given the prior breaches. For the last three years I have not been able to just live my life normally in peace and safety because he committed these serious crimes, and yet, was just out living his life normally. The impact this all had on me and my life is quite large. For the next nearly 17 months, I could not leave my apartment without carrying out a safety routine. I carried an MTS device from Victim Services; looked through the peep hole; opened the door slightly and looked both left and right down the hallway as if I was crossing the street, then checked the elevator to make sure he was not in there before entering. Again, while exiting the elevator in my apartment building, I had to look both ways. Additionally, any time I heard the elevator ding, I froze until I heard the person go into their apartment, worried that it was going to be Boss at any moment. My head has constantly been on a swivel, being hypervigilant still to this day. Throughout this entire time, fear of my safety has been my primary impact. After it all happened, any time I saw a man who resembled Boss from a distance, I feared for my safety until I could confirm it was not him. I could not and still cannot carry out simple tasks such as walking in public spaces or taking public transit without fearing for my safety. I often cannot sleep without a fan to drown out any noises, because any time a loud noise occurs, I freeze in fear until I know what it is”.

33At page 3:

“In June 2023 I was diagnosed with PTSD because of what Boss had done to me. I had to see my GP every few months, and I had to attend counselling for about two hours every single week for approximately 14 months. I was not able to sleep. I would wake in the middle of the night for hours, hearing the messages he sent and reliving the whole thing as if I was in that moment again. I constantly had dreams about him and could not escape that reality. I was not able to concentrate at work, and found myself easily irritated. To this day, I still have symptoms of PTSD. I still get flashbacks from these incidents, and have nightmares. I still have a fear of someone breaking into my apartment. Any noise I hear in my apartment puts me back in that night. I cannot regulate my emotions the same way as I could prior to all this happening. My short term memory as well as my ability to make decisions is impaired, and my brain has difficulty processing. Because of all this, I was unable to work with my same abilities. At that time, I worked at an optometry office as an optometrist assistant. I was unable to function properly, unable to hold a conversation with other staff, and while working with patients, I mixed up my words a lot and would forget what I was going to say while in the middle of a sentence. I took a five-week medical leave off of work from May to June 2023. This meant I struggled financially. I had to spend many hours on the phone with the government to receive EI benefits, which is about 50 percent of my income. This was at a time where I was already struggling financially, as prior to him committing these crimes, I was expecting Boss to return the $400 I had loaned him. Upon returning to work, I was not able to return to full capacity. Additionally, I was constantly getting pulled into the manager’s office for not being able to be my normal self that I was prior to this happening. I had to disclose to my employer, the manager, what happened in hopes that he would understand. Having all of these PTSD symptoms, I had to write my optometry admissions test OAT in July 2023, about 3-1/2 months after this all happened. This was the last possible attempt for me to write this exam, an exam that is similar to the MCAT and is needed to apply to get accepted to optometry school. Studying and concentrating for this test was next to impossible during this time. the week before writing it, my GP told me that she recommended I do not write it as I was not in a mental state to succeed with everything that had happened. My counsellor also felt the same way as did my family. However, I did not want him to have any control over me and my life anymore, and despite everything I was experiencing, I still wrote the test and I wrote it successfully. When applying to school I had to disclose that I was a victim of domestic violence, and that was why my OAT score may not have been as strong as my competitors. I am now nearly halfway through my optometry program despite everything I had to persevere through. For the first time in my life I am considered a student with a disability, and I had to provide several documents to my school explaining the PTSD I am experiencing to receive testing accommodation”.

34At page 4:

“I still have a fear of my safety after he served his sentence. In the court process, it was stated that he was awaiting deportation after the court proceedings. I worry about how being in another country with a different law system would allow me safety should anything online happen again. The entire relationship was abusive, verbally, emotionally, and towards the end, physically. I got lucky enough, if you want to use that term, that the police became involved when the physical abuse started and the more serious crimes occurred. But this is who he is. The behaviour pattern of starting and escalating arguments, manipulating to get what he wants, and dismissing me, was not an isolated event. It was not one drug-induced psychotic episode, as one may try to argue. It was the entire relationship. It is who I experienced him being and 100 percent has had a huge impact on my life. In closing, Your Honour, it is evident that this entire traumatic situation has impacted me significantly over the last three years, and it would likely continue to do so as my brain is altered from it. This trial has given me so much validation in terms of why I experience the PTSD symptoms that I do. I am grateful that this is not my life anymore, and that he and these crimes hold no power over me anymore. I would never want anyone to go through even half of what I did from Boss”.

The Legal Parameters

35Extortion, s. 346(1.1)(b), the maximum sentence is imprisonment for life. Transmitting an intimate image, s. 162.1(1), the maximum sentence is five years. Breach of bail terms, s. 145(4)(a), the maximum sentence is two years per count.

The Case Law

36In R v. J.K., 2025 ONCJ 560, the court held as follows at paragraphs 19, 22 and 43:

Paragraph 19: “The offender’s motive distributing the images is a relevant consideration in assessing the gravity of the conduct. Motives may fall along a spectrum of seriousness. At the less aggravated end are circumstances where an individual shares a partner’s intimate image with acquaintances in a misguided attempt at bragging. More serious cases where images are disseminated online to strangers for purposes of sexual gratification. While such conduct is selfish and disregards the victim’s dignity, it is not necessarily directed at causing harm. At the most aggravated end are situations where the distribution is motivated by a deliberate intention to humiliate, degrade, or extort the victim”.

Paragraph 22: “In summary, the following list of non-exhaustive factors are relevant in assessing the seriousness of the offence of distributing images without consent:

(1) The relationship between the victim and the offender.

(2) Whether the images were obtained with consent or without the victim’s knowledge. While images created with consent is a neutral factor, images created without consent is an aggravating factor.

(3) Whether the distribution was impulsive or premeditated.

(4) The offender’s motive for distributing the material.

(5) Whether the material consisted of photographs or videos.

(6) The degree of intrusiveness of the acts depicted.

(7) The number of images or videos distributed.

(8) Whether the victim’s identity was revealed.

(9) The extent of the distribution.

(10) Whether the material was shared with family members, friends, colleagues, or strangers.

(11) Whether the material could be deleted or was likely to remain online permanently.

(12) The financial and temporal costs incurred by the victim to have the material removed.

(13) Whether the offender derived a financial benefit.

(14) The overall impact on the victim”.

Paragraph 43: “The case law demonstrates significant variation in sentencing outcomes. It is not uncommon for the vengeful distribution of identifiable intimate images to result in sentences in the mid to upper reformatory range. Justice Wadden observed in Weedon:

Principles of denunciation and deterrence are paramount. A clear message must be sent that society will not tolerate abuse of an intimate partner in this manner. It is a serious form of psychological violence causing almost incalculable long-term harm to the victim. In the modern world, almost any man in a dating relationship is capable to doing this act. As some of the cases make clear, there are entire websites devoted to such “revenge porn”. Principles of general deterrence require a significant sentence that would deter others in a similar situation who would be tempted to commit this crime”.

37In R v. McFarlane, 2018 MBCA 48, the Manitoba Court of Appeal held as follows at paragraph 21:

“The accused placed great significance on prior extortion sentences of between 45 days and ten months of imprisonment in other instances of extortion. In our respectful view, the range of sentence is much higher. The starting point where the victim is an adult is two years imprisonment, even for a first offender. This approach is more consistent with sentences for sexual assault cases than serious extortion cases”.

38The Defence filed two cases, R v. C.P., 2021 ONCJ 356 and R v. O.K., 2020 ONCJ 189, where an accused received 12 months and 18 months respectively, on facts that are somewhat different from the facts in the present case, as is normally the situation on sentence proceedings.

Positions of Crown and Defence

39The Crown seeks a sentence of two years less a day, minus credit for dead time. The Defence did not specify a number, but wishes less time than the Crown requests. Section 718.2 of the Criminal Code requires me to take into account both mitigating and aggravating factors.

Mitigating Factors

40The accused had no criminal record. The accused has a significantly supportive family. There is some evidence that the accused may be remorseful. The accused has struggled with mental and drug-induced challenges. Finally, the accused did take the stand and indicated that he is in fact very sorry for what he has done.

Aggravating Factors

41As outlined, the accused’s intention was to use the intimate image to frighten, to psychologically torment the complainant in order to strip her of her dignity. In fact, I find that it was a deliberate attempt to cruelly strip her of her dignity in order to ruin her life, which he in fact stated. The Victim Impact Statement from the complainant indicated he has succeeded in that attempt in large part.

42The accused breached his bail by contacting the complainant on multiple occasions post initial arrest thereby displaying a callous disregard and disrespect for court orders and the complainant herself. As a result, the victim continues to live in fear of the accused, a fear which I find to be reasonable in these circumstances.

43Section 718.2(a) lists the following aggravating factors that are present in this case:

(a) (i) evidence that the offence was motivated by hate based on race and sex.

For example, in trial Exhibit 6 at pages 14 to 15, the accused indicates his sister is “not a slut like you”, and he further indicates, referring to the victim, “fucking white trash slut crying about her leaked nudes”.

(a) (ii) evidence that in committing the offence he abused his intimate partner;

(a) (ii.1) evidence that the accused has had a significant impact on the victim [there’s ample evidence of that]

The Final Decision

44I believe I can take judicial notice of the unfortunate fact that the Canadian public has the perception that the Canadian justice system is soft on crime, and further prioritizes the rights of criminals over the rights of victims. Regrettably, the history of these proceedings provides ample and further support for that public perception.

45From the outset, this was a very strong case against the accused. The complainant was a credible witness with no history of criminal or antisocial behaviour. Her allegations regarding extortion and transmitting image were fully supported by the Exhibit 1 intimate image; the recording and transcript of the March 14^th telephone call, (see Exhibits 3A and 3B); the receipt for the $50 extortion payment, (see Exhibit 4); and texts, (see Exhibits 5 and 6); and police evidence regarding the arrest of the accused and the statements made by the accused when the police attended at the victim’s residence on March 15 to 16, 2023.

46At the conclusion of the trial, the Defence in fact conceded that the extortion count in the preferred indictment number 1, was proven beyond a reasonable doubt. All of this trial evidence was present at the time of the accused’s initial arrest.

47On March 16, 2023, the accused was released on an undertaking on the original charges, (see Exhibit 2), with several conditions including to have no contact with the complainant. Pursuant to the conviction on count 3 of the breaches indictment number 2, it is abundantly clear, pursuant to the evidence of the complainant, and fully supported by the Exhibit 7 screenshots at tabs, 1, 2, 3, 4, 5, that the accused contacted the complainant numerous times, including contacts on March 21, 22, 23, 24 in flagrant and continuous violation of the initial Exhibit 2 undertaking.

48In my opinion, given the strength of the Crown’s case on the preferred indictment number 1, followed shortly thereafter by numerous flagrant and abundantly provable contacts within days of the original series of charges on the preferred indictment, there was ample support for detention pursuant to a s. 524 application and hearing. However, the accused, despite being charged with numerous easily provable breaches, incredibly, was released once more on March 26, 2023.

49Predictably, after this second release, which in my opinion, should never have occurred, the accused almost immediately violated his bail conditions again. At this point, after all, the justice system had been totally feckless in preventing contact with the complainant, and it was obvious that the accused, accordingly, had no respect for his conditions.

50Accordingly, on April 16, 2023, as proven by the convictions on counts 5 and 6, the accused again contacted the complainant multiple times on that day. The complainant’s evidence again was support by texts and screenshots, see Exhibit 7, tabs 7 to 8, and Exhibit 8. One would think that this third set of easily provable charges would be strike three, but once again, incredibly and astonishingly, the accused was released once more by way of a $2,000 recognize with one surety on April 24, 2023.

51What is even more astonishing to me about all these releases, is the evidence of the accused’s immigration status in 2023.

52According to Jason Atkinson of the Canadian Border Services Agency, CBSA, the accused arrived in 2014 on a study permit but failed to leave Canada in 2023 when his status expired. The PSR at page 3 states that, “He currently has no legal status and has a removal order”.

53At page 4 of the PSR, the accused advised, “He was attending to complete a Bachelor’s degree in chemical engineering. He advised that his education was on hold in his third year due to this matter before the court.” 2023 was the accused’s ninth year in an alleged attempt to get a Bachelor’s degree that was started in 2015 on a student visa. What serious student takes nine years to obtain a four-year degree ?

54In my opinion, in 2023, not only should the accused have not been at large on bail, but he should not have been in this country at all. While the legal system was catering to the needs of the accused, now a convicted criminal with no legal immigration status, what was happening with the complainant ?

55Regarding the night of the arrest, March 16, 2023, the complainant, K.B., in her Victim Impact Statement says:

“Seeing the explicit video of me physically posted to the social media platform made my heart sink. When he showed up at my apartment the night of the arrest, I was frozen in fear, helpless, powerless, terrified. There was no knowing of how far this would go, what would happen if he broke in the door and got in. I was in absolute fear for my safety”.

The Impact Of The Breaches And Subsequent Releases

56K.B. indicates at page 2 of her Victim Impact Statement:

“Even after getting arrested multiple times, I still had no safety from him, given the numerous contact breaches. I was in constant fear knowing that at any time, he would make a reappearance, having no trust that the bail order would keep him away, given the prior breaches. For the last three years I have not been able to just live my life normally in peace and safety because he committed these serious crimes, and yet, was just out living life normally”.

57As has already been recounted, K.B. describes she is living in constant fear, never knowing when the accused would appear to threaten her once more. These crimes have impacted her ability to perform, as she did before at her work, and she suffers from PTSD. Despite all these difficulties, the complainant continues to persevere with her optometry admissions test, and is halfway through her optometry program. In contrast, the accused has taken nine years to get three years into his program.

58Of particular relevance is the complainant’s observations regarding the rights of victims, as opposed to the rights of the accused, a concern which the public shares. I turn again to her comments at page 4 of her Victim Impact Statement:

“Lastly, Your Honour, I would like to respectfully talk about how being a part of this system has impacted me. This system is not one that is set up to help and support victims. During a lot of the breaches, I was told by different officers to just change my number or delete my social media accounts. I feel that it is not the appropriate response, as it puts the blame for the contact breaches on me as the victim. I should not have to change my entire way of living to accommodate someone who is abusing and harassing me. Additionally, in order to get to work at the time of this happening, I had to take a bus from the University of Waterloo bus terminal. At the time, Boss was a registered student at the University of Waterloo, and every day I feared I would run into him. No one would tell me if he was currently attending classes because he has the right to privacy. It was as though his right to privacy as a then alleged criminal, outweighed my right to safety as a victim. Unfortunately, VWAP is also not set up to successfully support the victim. I was constantly getting misinformation and being moved from worker to worker without being told. Additionally, when I asked questions, I would get a lot of “I don’t know” answers. Instead of them finding the answer out for me from someone that did know, I had to ask the same question multiple times, and specifically request for them to find out the answers. Lastly, having the police victim services, VWAP workers, and now probation officers calling me randomly whether it’s during a workday or school day, has been draining. It just reinforces that there is no escape from this”.

59In my opinion, the Canadian justice system is at an inflexion point. Who should get priority: Should it be a foreign-born individual with no current immigration status, who was granted the privilege of attending one of our educational institutions, and used that opportunity to abuse a law-abiding, honest, hardworking but vulnerable Canadian citizen ? Asking that question provides the obvious answer.

60I believe that the accused was in large part successful in ruining the complainant’s life as he threatened and promised while the offence was occurring. The courts, as is stated in one of the cases, often talk about the principles of deterrence and denunciation, and then contradict those grandiose proclamations by instituting relatively light sentences. These proclamations are akin to what appears to be an ongoing current Canadian cultural trend to express shock and outrage at criminal attacks on vulnerable targets, followed by hollow words of condemnation such as, “This is not who we are”, followed again by relative inaction, thereby ignoring the disturbing reality that this is now clearly what we have indeed become.

61Regarding the distributing of image and extortion counts, this is, as stated in R v. J.K. at paragraph 19, “At the most aggravated end are situations where the distribution is motivated by a deliberate intention to humiliate, degrade, or extort the victim”. That’s the exact situation here. Accordingly, I agree with the Manitoba Court of Appeal’s assessment that “the starting point where the victim is an adult, is two years imprisonment, even for a first offender”. See McFarlane at paragraph 21.

62Accordingly, the sentence I am imposing is as follows: Preferred indictment number 1, count 2, extortion, two years consecutive to any other sentence; distributing image, two years concurrent. Regarding the breaches indictment, count 3, four months consecutive – one month for each contact, consecutive; count 5, two months consecutive due to this being a third set of charges and flagrantly breaching bail orders; count 6, another two months consecutive for the same reason.

63So, accordingly, for the breaches indictment, that adds up to eight months. The accused has done 72 days dead time so, with credit for harsh incarceration and the 1.5 standard credit, I top up his previous sentence dead time at 120 days. That’s equivalent of approximately four months. Accordingly, after applying the approximate four month credit – for count 3 he will get one day consecutive; on count 5 two months consecutive; count 6 two months consecutive.

64The total sentence is, indictment number 1, two years consecutive with two years concurrent for distributing image, two years consecutive on the extortion. So, two years consecutive on indictment 1. On indictment number 2, after giving credit for the 120 days dead time, he will receive another four months, one day consecutive in total. So, the total sentence is two years, four months and one day in the penitentiary.

65There will be an estreatment order for the second release order of $750.

66Ancillary Orders – there will be a DNA order pursuant to s. 487.04 (vi), extortion being a primary designated offence. Secondly, there will be a s. 109 weapons prohibition order for life. Thirdly, a s. 743.21 order – the accused is “prohibited from communicating directly or indirectly with K.B. during the custodial period of the sentence”. Four, it is recommended that the CBSA take all legal steps to deport the accused, immediately upon the expiration of the accused’s sentence.

67I direct the Crown to provide this recommendation forthwith to Jason Atkinson of the CBSA. That’s the sentence of this court.

Skarica J.

Released: March 30, 2026