R. v. Genereux, 2026 ONSC 1896

ONTARIO SUPERIOR COURT OF JUSTICE

CITATION: R. v. Genereux, 2026 ONSC 1896 COURT FILE NO.: CR-25-20000002-0000 DATE: 20260402

B E T W E E N:

HIS MAJESTY THE KING

• and -

WOLFGANG GENEREUX and BRIEANNA LEPINE

Counsel: C. Lindo-Butler, for the Crown Paul Aubin, for Mr. Genereux

HEARD: March 30, 2026

CROLL J.

AMENDED REASONS FOR SENTENCE OF WOLFGANG GENEREUX

1On January 21, 2026, Mr. Genereux pled guilty to the following:

that he, on or about the 31st day of May in the year 2024, in the city of Toronto in the Toronto Region, did possess a prohibited firearm, to wit: a handgun, without being the holder of an authorization or licence, permitting such possession and a registration certificate for the firearm, contrary to section 95(1) of the Criminal Code.¹

2The Agreed Statement of Facts, filed as an Exhibit, states as follows:

Mr. Wolfgang Genereux has a date of birth of November 15, 1997. He was 26 years old at the time of the offence, and he is now 28 years old. He pleads guilty to count 1 on the indictment, contrary to s. 95(1) of the Criminal Code of Canada.

Members of the Toronto Police Service Guns and Gang Task Force commenced a firearm investigation involving a male identified as Wolfgang Genereux who was believed to be in possession of a firearm.

Through surveillance and investigation, members identified two residences associated with the accused located at 907-710 Trethewey Drive in Toronto and 214-236 Vaughan Rd. in Toronto. He was also observed operating a Black Acura RDX with Ontario Marker CMLJ022 which was determined to be stolen during the course of surveillance.

Members applied for and were granted Criminal Code search warrants for both addresses. The warrants were valid from May 31, 2024, at 8:30 pm until June 2, 2024, at 8:59 pm.

On Friday May 31, 2024, members attended the area of 907-710 Trethewey Drive. At approximately 8:55 pm, members observed Mr. Genereux exit the front lobby of the address and make his way towards a Black Acura. He was subsequently arrested for possession of a firearm, and upon a search incident to arrest, officers located a loaded prohibited firearm in his waistband. A 9mm Springfield Armory handgun.

Members executed the search warrant on the residence of 907-710 Trethewey Drive in Toronto. The co-accused Ms. Brieanna Lepine was detained just outside the residence. Members used her key to enter the residence. Once inside, members located a young child in the bedroom. In the same bedroom, an open gun box was located on the bed with a flashlight attachment and 50 x 9mm rounds of ammunition.

Two small baggies containing 3.14 grams of fentanyl, and two digital scales were also located in the same bedroom, on the dresser/TV stand.

A later execution of a search warrant at Mr. Genereux’s address at 214-236 Vaughan Rd., located 11 X 40 calibre ammunition and 25 X 9mm ammunition on the kitchen shelf.

Neither Mr. Genereux nor Ms. Lepine were licenced to possess the firearm. Ms. Lepine was prohibited from possessing a firearm since 2021.

The Crown does not allege a criminal record for Mr. Genereux.

Circumstances of Mr. Genereux

3Mr. Genereux is a first-time offender. As stated, he is 28 years old.

4He was in custody for 160 days, from May 31, 2024, to November 7, 2024. When this period is enhanced pursuant to the Summers² credit, it amounts to 240 days.

5While in custody, Mr. Genereux was subject to lockdowns and triple bunking. These custodial circumstances have been documented by the defence and filed with the court. Overall, Mr. Genereux was subject to 54 days of lockdown and 6 days of triple bunking.

6Mr. Genereux has been out of custody since November 7, 2024, some 479 days. For the first 9 ½ months of his release, until August 26, 2025, he was under house arrest with GPS monitoring. Since August 26, 2025, he has been subject to a curfew, with GPS monitoring.

7Mr. Genereux has confirmed psychiatric diagnoses of:

• Opioid Use Disorder, Severe
• Stimulant Use Disorder, Severe (cocaine, amphetamine-type)
• Posttraumatic Stress Disorder
• Attention-Deficit/Hyperactivity Disorder
• Generalized Anxiety Disorder

8A detailed letter, dated February 5, 2026, has been filed from Dr. Susan Franchuk, an Addiction Psychiatrist with the Concurrent Outpatient Medical and Psychosocial Addiction Support Service at the Center for Addiction and Mental Health in Toronto, known as CAMH.

9Dr. Franchuk reports that Mr. Genereux has been compliant with all treatment recommendations, including attendance at regular medical appointments; participation in psychosocial programming (regularly attends a 12-step program in the community by his report); and with prescribed medications.

10Dr. Franchuk further reports that Mr. Genereux has achieved abstinence from all substances of concern, as corroborated by regular urine drug tests. These have all been negative for drug, alcohol and non-prescribed medication since November 2024, when he reconnected with the CAMH clinic after his incarceration. Dr. Franchuk advises that Mr. Genereux’s substance use disorders are all therefore in Sustained Remission, and that he has also been stabilized on treatment for his concurrent psychiatric conditions.

11Overall, Dr. Franchuk’s report is very positive with respect to Mr. Genereux. Among other things, she reports that Mr. Genereux has regularly voiced a desire to better himself, and achieve pro-social goals, such as employment, healthy activity and improved relationships with his family. Dr. Franchuk expresses concern that re-incarceration will place Mr. Genereux in jeopardy for a relapse to substance abuse and decompensation of his psychiatric disorders, and that re-incarceration will negatively impact his efforts to become a productive member of society, efforts that she has observed throughout his treatment.

12Mr. Genereux has strong family support. Letters have been filed from his mother, his father, his sister, his grandmother and his aunt. Letters of support have also been filed from friends, two members of his Alcoholics Anonymous group, and his employer, where Mr. Genereux works as a set dresser in the film industry. In short, all contacts describe Mr. Genereux’s ongoing and significant success in dealing with his personal challenges, his perseverance, acceptance of responsibility and his commitment to better himself.

Crown and Defence Positions

13The Crown and defence agree that in all of the circumstances, a sentence of two years less one day is appropriate. Where they diverge is that the Crown’s position is that the sentence should be a custodial one, whereas the defence submits that a conditional sentence is appropriate in the circumstances.

Aggravating Circumstances

14There are aggravating factors for consideration:

(1) At the outset, there is no question that the gravity of gun crimes in our community is extremely dire and cannot be exaggerated. As stated in R. v. Kawal,³ “Handguns are a social evil.”

(2) Mr. Genereux had the firearm accessible in the apartment and there was a child in the apartment. The gun box was found on the bed, and 50 rounds of ammunition were in the room where the child was located. This scenario clearly created the risk of a dangerous outcome.

(3) Two small baggies containing 3.14 grams of fentanyl and two digital scales were also found in a bedroom in the apartment. The combination of a firearm and drugs is toxic, and again, alarmingly dangerous.

(4) Mr. Genereux was found with the firearm in his waistband, in public, walking to his car. It is trite to reiterate that there is no lawful use for firearms in our society.

15There are also mitigating factors for consideration:

(1) Mr. Genereux has no criminal record. He is a relatively young first offender.

(2) He has pled guilty and expressed his remorse in a poignant allocution to the Court. Among other things, Mr. Genereux recognized the destructive impact of his addictions, its impact on his family and those who care about him and acknowledged the stark unacceptability of his past criminal actions.

(3) Mr. Genereux has, by all accounts, made great strides to engage in a pro-social life. He is gainfully employed as a set dresser in the film industry and has other employment as well. The prop buyer who hired Mr. Genereux as a set dresser writes quite positively about him, stating, among other things, that Mr. Genereux is a vital member of the team.

(4) Significantly, Mr. Genereux has been compliant with his mental health treatment for almost two years since his release from custody, in order to effectively address his mental health and addiction issues.

Sentencing

16The relevant sentencing principles are denunciation, deterrence and protection of the public. Rehabilitation must also be considered. Both counsel have provided me with many relevant authorities in support of their respective positions, for which I am grateful. I do note that many of the defence cases involve Morris factors,⁴ which do not apply to Mr. Genereux. While I do not refer to all the case law, I have reviewed and considered it. That said, as always, sentencing is case specific. In this case, the sentencing exercise must balance the gravity of the offence with the circumstances of Mr. Genereux.

17Pursuant to s. 718.2(d) of the Criminal Code, an offender should not be deprived of liberty if less restrictive sanctions may be appropriate (see 718.2(d)) and that “all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, particularly Aboriginal offenders (s. 718.2(e))”. R. v. Proulx⁵ highlights that a conditional sentence is available for all offences in which statutory pre-requisites are satisfied and provides that a conditional sentence can provide a significant amount of denunciation and deterrence, particularly when onerous conditions are imposed. As was stated by the Supreme Court, when the objectives of rehabilitation, reparation, and promotion of a sense of responsibility may realistically be achieved, a conditional sentence will likely be the appropriate sanction, subject to considerations of denunciation and deterrence.

18Further, as stated by our Court of Appeal in R. v. Pike,⁶ a case dealing with child pornography, multiple seemingly non-exceptional factors taken together, such as being a young first offender with family support who poses little risk and takes responsibility for his actions, can collectively render a conditional sentence proportionate: R. v. Faroughi.⁷

19I appreciate and have considered the gravity of the firearm offence, and the critical need for denunciation and deterrence.

20However, Mr. Genereux has no criminal record, he is relatively young and has employment. He has strong family support. Significantly and meaningfully, he has utilized his time on bail productively and has been diligent in addressing his serious mental health and addiction issues. This week marks his one-year anniversary of sobriety. In this regard, I note the recent decision of R. v. Oryia,⁸ where the court stated as follows: “As recognized in R. v. Bertrand Marchand, 2023 SCC 26, 487 D.L.R. (4th) 201, at paras. 148-152, youthful adult offenders with mental health vulnerabilities may experience incarceration more harshly than others.”

21Simply put, Mr. Genereux has made impressive strides to turn his life around. Serving this sentence in the community will allow Mr. Genereux to continue his positive trajectory of rehabilitation and to be a productive and pro-social member of society. His continued rehabilitation will enhance public safety.

22In all the circumstances of this case, I am satisfied that a sentence of imprisonment served in the community as a conditional sentence will achieve the objectives of denunciation and deterrence as well as continued and successful rehabilitation. Restrictive terms in the conditional sentence will also reflect the punitive nature of the sentence, given the gravity of the offence. In sum, a conditional sentence in this case meets the objectives of sentencing and is also in the public interest.

23Mr. Genereux is sentenced to two years less one day, to be served in the community.

24The sentence of two years less one day, served as a conditional sentence, shall have the following terms, in addition to the statutory conditions set out at s. 742.3 of the Criminal Code, and which I impose, as follows:

(1) Mr. Genereux shall reside at Apt. 506, 745 York Mills Road, Toronto, with his mother, Linda Werner, or at such address as approved by his supervisor.

(2) He shall be under house arrest for the first twelve months of the conditional sentence and shall only leave the house for the purposes of attending work; to attend school, or attend at appointments with his supervisor; to attend counselling and any other appointments at CAMH; to attend meetings of Alcoholics Anonymous; to attend medical appointments for himself, or members of his immediate household; to attend at a gym for physical fitness; to obtain necessities once each week for four hours and for any other reasons that his supervisor approves in advance in writing. In any event, during the period of house arrest, he shall be in the house between the hours of 11:00 p.m. and 6:00 a.m. each day for seven days each week.

(3) For the remaining months of the conditional sentence, Mr. Genereux shall be permitted to leave his residence, but he shall be subject to a curfew between the hours of 11:00 p.m. to 6:00 a.m. each day for seven days each week. The only exceptions will be in the event of a medical emergency, either for himself or a member of his household, or with the prior approval of his supervisor.

(4) During the entire period of the conditional sentence, he shall attend counselling, educational training, therapy or work as directed by his supervisor and sign any necessary releases.

(5) He shall abstain from owning, possessing, or carrying a weapon and he shall not apply for, or possess a firearm acquisition certificate or gun licence.

(6) He shall abstain from owning, possessing or using any non-medically prescribed drugs.

(7) He shall abstain from associating with, or communicating in any way — either by physical, electronic, or other means — or be in the company of, Brianna Lee Lepine.

25Following this conditional sentence, Mr. Genereux will be on probation for two years. In addition to the statutory conditions,

(1) He shall report to his probation officer forthwith following the conclusion of the conditional sentence and as often as the probation officer deems necessary;

(2) He shall reside at an address approved by his probation officer;

(3) He shall maintain employment, or attend school and provide proof to his probation officer;

(4) He shall abstain from owning or possessing any weapon;

(5) He shall abstain from owning, possessing or using any non-medically prescribed drugs;

(6) He shall attend and participate in any counselling and/or treatment as directed by his probation officer and sign any necessary releases; and

(7) He shall abstain from associating with, or communicating in any way — either by physical, electronic, or other means — or be in the company of, Brianna Lee Lepine.

26I further make an order under s. 109 prohibiting Mr. Genereux from possessing any weapon, as defined by the Criminal Code for life. There shall also be a DNA order. The forfeiture order for the gun and ammunition has been signed.

27Counts 2 and 3 in the Indictment shall be withdrawn and Count 4, as it relates to Mr. Genereux only, shall be withdrawn.

Croll J.

Released: April 2, 2026

CITATION: R. v. Genereux, 2026 ONSC 1896 COURT FILE NO.: CR-25-20000002-0000 DATE: 20260402

ONTARIO SUPERIOR COURT OF JUSTICE

B E T W E E N:

HER MAJESTY THE QUEEN

• and -

WOLFGANG GENEREUX and BRIEANNA LEPINE

AMENDED REASONS FOR SENTENCE OF WOLFGANG GENEREUX

S

Croll J.

Footnotes

1. 1R.S.C., 1985, c. C-46
2. 2R. v. Summers, 2014 SCC 26, [2014] 1 SCR 575
3. 32018 ONSC 7531, at para. 11
4. 4R. v. Morris, 2021 ONCA 680
5. 52000 SCC 5, [2000] 1 SCR 61
6. 62024 ONCA 608
7. 72024 ONCA 178, 435 C.C.C. (3d) 1, at para. 99
8. 82026 ONCA 166, at para. 27