Elder with history of abuse receives conditional sentence for sex assault

Elder avoids jail term for sex assault

A Manitoba aboriginal elder will not go to jail for using his position of trust to persuade a female inmate to have sex with him.

Neil Hall, 55, was given an 18-month conditional sentence Tuesday that allows him to remain free in the community. The Crown had been seeking a period of real custody for Hall, who pleaded guilty earlier this year to sexual assault.

Hall worked as a provincial jail counsellor and met the 29-year-old victim while she was behind held at the Winnipeg Remand Centre, the judge was told. The woman asked to meet Hall in his office for a traditional native smudge in April 2006.

Hall granted her request, but then asked the woman to lift up her shirt and expose her breasts during the ceremony. She refused and left. Hall continued to request sexual favours in the days that followed, eventually offering the woman cigarettes in exchange for flashing.

The incidents escalated when Hall offered the woman $40 for oral sex and said he would "put in a good word" to help get her out of jail early. She performed oral sex on at least three occasions, but was never paid by Hall, the judge heard.

The woman was released from custody in June 2007. Hall had promised her she could live with him once back in the community, then withdrew the offer when she called him looking for somewhere to stay. She eventually reported the incidents to police, who began an investigation.

Hall initially claimed it was the woman who offered him sex in exchange for cash, but later admitted his wrongdoing. Defence lawyer Saul Simmonds said Hall was sexually and physically abused by teachers and other students while attending Manitoba residential schools. Hall was fired from his position following his arrest and is now living off welfare.

Crown attorney Don Knight described the victim as a "vulnerable person" who was in the care of the public trustee.

Provincial court Judge Patti Umpherville said Tuesday that Hall doesn't pose an ongoing risk to society and has expressed genuine remorse for his actions through his guilty plea, which spared the victim from having to testify. His conditional sentence includes house arrest and sexual offender treatment and counselling. Any breaches would land him back before Umpherville, who has the authority to convert the remaining sentence to actual jail time.

No jail time for elder convicted of sexual assault

WINNIPEG - A Manitoba native elder will not go to jail for using his position of trust to convince a female inmate into having sex with him.

Neil Hall, 55, was given an 18-month conditional sentence Tuesday that allows him to remain free in the community. The Crown had been seeking a period of real custody for Hall, who pleaded guilty earlier this year to sexual assault.

Hall worked as a provincial jail counsellor and met the 29-year-old victim while she was being held at the Winnipeg Remand Centre, court was told. The woman asked to meet Hall in his office for a traditional native smudge in April 2006.

Hall granted her request, but then asked the woman to lift up her shirt and expose her breasts during the ceremony. She refused and left. Hall continued to request sexual favours in the days that followed, eventually offering her cigarettes in exchange for a flashing, court was told.

The incidents escalated when Hall offered the woman $40 for oral sex and said he would "put in a good word" to help get her out of jail early. She performed oral sex on at least three occasions but was never paid by Hall, court was told.

The woman was released from custody in June 2007. Hall had promised her she could live with him once back in the community, then withdrew the offer when she called him looking for somewhere to stay. She eventually reported the incidents to police, who began an investigation.

Hall initially claimed it was the woman who offered him sex in exchange for cash but later admitted his wrongdoing.

Defence lawyer Saul Simmonds said Hall was sexually and physically abused by teachers and other students while attending Manitoba residential schools. Hall was fired from his position following his arrest and now is living on social assistance, court was told.

Crown attorney Don Knight described the victim as a "vulnerable person" who was in the care of the public trustee.

Provincial court Judge Patti Umpherville said Tuesday that Hall doesn’t pose an ongoing risk to society and has expressed genuine remorse for his actions through his guilty plea, which spared the victim from having to testify.

His conditional sentence includes house arrest and sexual offender treatment and counselling. Any breaches would land him back before Umpherville, who has the authority to convert the remaining sentence to actual jail time.

Perv elder spared jail

A native elder and jail counsellor who abused his position to coerce an inmate into providing him with oral sex won’t be going to jail.

Instead, a judge has ordered that Neil Hall serve an 18-month conditional sentence in the community.

“I find little good in sending this offender to jail when he has shown he is ready and willing to be rehabilitated,” Judge Patti Umpherville said Tuesday. “The decision did not come easy to me.”

Hall, 55, previously pleaded guilty to one count of sexual assault.

Umpherville said Hall had a troubled upbringing that included prolonged abuse at a residential school. Hall has no prior record and has had no more run-ins with the law since his arrest. The court received 20 letters of support from across Canada and the U.S.

The Crown had been seeking an 18-month jail sentence.

“If you are looking after individuals who are incarcerated, who have little or no place to turn ... to then turn on them and impose your will in a sexual fashion is clearly something that cries out for a very strong message,” special prosecutor Don Knight said at a sentencing hearing earlier this month.

The then 29-year-old victim was a ward of the public trustee and described as a vulnerable person. Court heard the woman was incarcerated at Winnipeg Remand Centre in April 2006 when she asked to meet Hall in his office for an aboriginal smudge ceremony. During the smudge, Hall asked the woman to lift up her shirt and expose her breasts. The woman refused and left his office a short time later.

During later visits to Hall’s office, Hall gave the woman cigarettes in exchange for the woman exposing her breasts. The sexual contact escalated with Hall offering her $40 for oral sex. The woman performed oral sex on Hall three or four times before release from custody the following June.

Hall told the woman she could live with him when she was released from jail. When she later called Hall to take him up on his offer “she realized he had been lying to her,” Knight said at a previous hearing.

Hall claimed it was the woman who offered sexual favours in exchange for money. At an earlier hearing he appeared to not understand why he had been arrested.

Defence lawyer Saul Simmonds argued the Crown would have had a very weak case against Hall had he not reported to police and provided a voluntary statement.

“Had he chosen not to” the likelihood of prosecution was “realistically nil,” said Simmonds. “He realizes what he did was inappropriate, because even if it was consensual, he still was in a position of trust,” Simmonds said.

Umpherville ordered that Hall not lead any spiritual ceremonies or hold a position of trust unless approved by his probation officer. She also ordered that Hall’s name be included on the national sex offender registry for 10 years.

I completely agree with the conditional sentence for this man. I agree with the judge and believe he does not pose a danger to the community. I feel sorry for this man as he suffered from abuse at residential schools, which is horrible and has a significant effect on brain development. That is a huge mitigating factor and this man desperately needs help; counseling and treatment programming. 

Man who smuggled drugs was given a conditional sentence

Drug smuggler avoids jail after striking a deal

A key cog in an elaborate international drug-smuggling case has struck a deal with justice officials that keeps him out of jail.

Dean Chyzy, 33, pleaded guilty Monday to shipping huge volumes of raw ephedrine, which is a prime ingredient in the creation of highly-addictive crystal methamphetamine. He was given a conditional sentence of two years less a day under a joint-recommendation from Crown and defence lawyers.

"This has been an incredibly emotional and frustrating experience," defence lawyer Ian Garber told court in describing the resolution to a case which has spent nearly six years dragging through the courts. "This matter has taken forever."

More than 80 people were indicted in the case in Canada, California and Mexico after more than 250 police officers conducted 34 raids in September 2004. RCMP in Winnipeg held a news conference the day after, saying they seized 9,000 kilograms of ephedrine, worth an estimated $14.5 million on the street as meth, along with $3.5 million cash. A total of 10 Manitobans were arrested.

It was alleged the ephedrine was legally imported into Canada through a Thunder Bay, Ont., company, but was soon diverted to the black market. Ephedrine is banned in the United States, while Health Canada regulates its sale in this country. Much of the ephedrine was ultimately smuggled into the United States to methamphetamine labs run by the Mexican Mafia.

Chyzy's role was that of an "intermediate" who helped negotiate sales to buyers in western provinces, court was told. The ringleader behind the criminal enterprise was Lac du Bonnet resident Rodger Bruneau, who died of a heart attack following his arrest. Another accused was later shot to death in Winnipeg in a killing that remains unsolved.

Bruneau's business partner, David Sokalski, pleaded guilty earlier this spring and was sentenced to four years in prison and ordered to forfeit nearly $4 million in cash and property deemed the proceeds of crime.

Crown attorney Brian Clark told court Monday Chyzy was a much smaller player in the organization. Police seized about $2,500 in proceeds from his residence.

The case against the Canadian accused has dragged through the legal system while lawyers debated how mountains of RCMP evidence should be disclosed to the accused. Last month, a judge dismissed all charges against former Winnipeg Blue Bomber Eddie Blake on the grounds his rights had been violated because of "unreasonable" legal delay.

Blake and Chyzy were former business partners, court was told Monday. Garber said his client quickly got in over his head in an attempt to make some quick, easy money. He said several "unfriendly" criminal characters began threatening Chyzy and his family, prompting him to move out of Manitoba.

On one occasion, two of the men accosted Chyzy outside a third-floor courtroom at the Winnipeg Law Courts, threatening to throw him over the railing if he didn't pay someone else's debt. Days later, somebody tried to run his car off the road, said Garber.

I completely agree with a conditional sentence for drug offenders. I do not think prison is ever warranted as most drug offenders are not a danger to society and are more likely to become criminally involved and entrenched in the lifestyle through associates in prison. Prisons are the schools of crime. 

Conviction ends career plans for student addicted to and selling cocaine

Conviction ends career plans for coke-dealing pharmacy student

WINNIPEG - Patrick Cheung was dispensing drugs even before he graduated pharmacy school. Unfortunately, the 26-year-old Winnipeg man’s unusual attempt to get ahead in class has destroyed his future career plans.

Cheung pleaded guilty Tuesday to possession of cocaine and ecstasy for the purpose of trafficking. He was given a two year less-a-day conditional sentence, to be served in the community, under a joint-recommendation from Crown and defence lawyers.

Cheung has no prior criminal record and is not a "typical" criminal, court was told.

He had already completed three years of post-secondary education and was studying to become a licenced pharmacist. Defence lawyer Danny Gunn said his client was having trouble focusing on all the work and turned to drugs as a "study aid."

"He used cocaine to keep him up and awake. He was able to study so much more," said Gunn. But Cheung quickly developed an addiction, which came with a steep price. So he began selling the product in order to allow him to keep using it.

"It’s a very unfortunate situation," said Gunn. "Obviously he can’t become a pharmacist now with a conviction for trafficking cocaine. Now he works as a manger at a Dairy Queen."

Police arrested Cheung in 2007 after receiving a tip that he had drugs stored in his Winnipeg apartment, which they later searched with a warrant. The Crown normally seeks penitentiary sentences for cocaine trafficking, but agreed to a more lenient penalty because of Cheung’s otherwise positive background.

"I made a mistake and I’m sorry. I won’t be here again," he told provincial court Judge Judith Elliott. 

Elliott reminded Cheung of the hidden cost of drug dealing in the city. "Lots of the violent crime in Winnipeg is happening because of cocaine addictions," she said.

Cheung’s conditional sentence includes a daily curfew and mandatory drug treatment and counselling.

Trafficking ends pharmacy career before it begins 
Patrick Cheung was dispensing drugs even before he graduated pharmacy school. Unfortunately, the 26-year-old Winnipeg man's unusual attempt to get ahead in class has destroyed his future career plans.
Cheung pleaded guilty Tuesday to possession of cocaine and ecstasy for the purpose of trafficking. He was given a two year less-a-day conditional sentence, to be served in the community, under a joint-recommendation from Crown and defence lawyers.
Cheung has no prior criminal record and is not a "typical" criminal, court was told. He had already completed three years of post-secondary education and was studying to become a licenced pharmacist. Defence lawyer Danny Gunn said his client was having trouble focusing on all the work and turned to drugs as a "study aid."
"He used cocaine to keep him up and awake. He was able to study so much more," said Gunn. But Cheung quickly developed an addiction, which came with a steep price. So he began selling the product in order to allow him to keep using it.
"It's a very unfortunate situation," said Gunn. "Obviously he can't become a pharmacist now with a conviction for trafficking cocaine. Now he works as a manager at a Dairy Queen."
Police arrested Cheung in 2007 after receiving a tip that he had drugs stored in his Winnipeg apartment, which they later searched with a warrant. The Crown normally seeks penitentiary sentences for cocaine trafficking, but agreed to a more lenient penalty because of Cheung's otherwise positive background.
"I made a mistake and I'm sorry. I won't be here again," he told provincial court Judge Judith Elliott. She reminded Cheung of the hidden cost of drug dealing in the city.
"Lots of the violent crime in Winnipeg is happening because of cocaine addictions," she said. Cheung's conditional sentence includes a daily curfew and mandatory drug treatment and counselling.

The Free Press headline is definitely spewing positive words! (*sarcasm*). Yes,  a criminal record severely limits employment opportunities, but one should not be discriminated against based on the criminal background. If I was discriminated against based on this, I would file a human rights complaint. 

I am pleased that this student did not receive a prison sentence, but a conditional discharge (where he would have no criminal record, but would be subject to conditions) would have more appropriate than a conditional sentence which carries with it, a criminal record. His career plans, which he has been working hard for, have been destroyed. He made a mistake of using cocaine which was fueled by stress from schoolwork. I have sympathy for this student and wish him the best in his future goals in life. I agree with the conditions of mandatory drug treatment and counseling though. 

Community sentence sought for graffiti vandal

Community sentence sought for graffiti vandal, dad to be

Dustin Fenby says he’s ready to set aside the spray paint and leave his days as a graffiti vandal in the past.

But that’s not enough to convince a judge Fenby shouldn’t go to jail for a three-month “tagging” spree that left nearly 80 business and property owners cleaning up after him. Judge Lynne Stannard reserved sentencing Monday, saying she was not yet convinced she should accept a joint Crown and defence recommendation that would allow him to serve a 20-month conditional sentence in the community. Stannard told special prosecutor Susan Helenchilde and defence lawyer Giselle Champagne she wants to hear further submissions why a conditional sentence would be appropriate.

A final sentencing date will be set later this month.

Fenby, 23, was among six graffiti taggers arrested in a police roundup in late 2008. He has admitted vandalizing 77 properties along Corydon Avenue, Osborne Street and Portage Avenue between August and November of 2008.

“There was enormous property damage,” Helenchilde said.

Police connected Fenby to pictures of graffiti posted on a social networking site. A search of Fenby’s home later uncovered notebooks containing pictures of his graffiti work and his “tag” — COEK — as well as 17 cans of spray paint and other graffiti paraphernalia.

Fenby has 12 prior convictions for mischief to property in 2006. He was still on probation for those offences when he reoffended in August 2008.

Helenchilde said she was prepared to support a conditional sentence on the word of Fenby’s probation officer.

“He seems to have inspired a lot of confidence in his probation officer,” Helenchilde said.

Fenby claimed impending fatherhood has caused him to reevaluate his priorities.

“It was a really stupid part of my life,” he told court. “I just want to move on, have a baby, grow up.”

Earlier this year Stannard granted a conditional sentence to another graffiti tagger, only to see him back on the street vandalizing property less than two weeks later. Stannard ordered Michael Hudey to serve the remainder of his two-year conditional sentence in jail.

Like Fenby, Hudey claimed the responsibilities of new fatherhood “opened (his) eyes” to the error of his ways.

Graffiti case Judge may hike tagger's sentence
A Manitoba judge says jail may be the only option for one of Winnipeg's most prolific graffiti taggers.
Dustin Fenby showed up in court Monday expecting to walk away with a conditional sentence, proposed as a joint recommendation from Crown and defence lawyers. But after hearing submissions, provincial court Judge Lynn Stannard said she thinks the proposed penalty may be too lenient.
Stannard told lawyers she is considering the rare move of ignoring a plea bargain and invited them to make written submissions on why she shouldn't. The case has been adjourned until later this summer.
Fenby, 23, was arrested in 2008 as part of major police crackdown on graffiti. He pleaded guilty last year to 77 counts of mischief, which represents the exact number of property owners he targeted. Most of the damage was done in the Corydon area, court was told.
Fenby would always use his signature tag of "Coek" -- the misspelling was apparently deliberate -- then bragged about what he'd done by posting pictures of his work on social networking sites like Facebook.
"There was a significant amount of property damage done," said Crown attorney Susan Helenchilde. She couldn't provide any specific financial numbers to court, but said some tags cost hundreds of dollars to erase.
Helenchilde and defence lawyer Giselle Champagne were seeking a 20-month conditional sentence for Fenby, which allow him to remain free in the community. Stannard expressed concern about his previous criminal record, which includes numerous breaches of court orders and 12 prior convictions for similar graffiti in 2006.
A pre-sentence report paints Fenby as a high risk to reoffend and says he has unresolved drug, alcohol and gambling issues, which have led to repeated violations of probation and bail.
"Ever since I can remember I've been screwing up and making life hard for myself," he told his probation officer. However, Fenby now claims he wants to "turn his life around," especially with his girlfriend due to give birth to their first child in August.
"It was a really stupid part of my life," Fenby told court Monday of his criminal past. "I want to move on, grow up."
Fenby likely didn't do himself any favours with the judge when he showed up nearly an hour late for his sentencing hearing, which nearly prompted Stannard to issue a warrant for his arrest. He pulled a similar stunt last winter.

I completely agree with the proposition of a conditional sentence. Jail should always be a last resort. The courts need to rely less on jail as a sentence and more on community alternatives. I believe that drug and property offenders and non violent offenders, should not be imprisoned. They will only likely become further entrenched in the criminal lifestyle and negatively impacted, especially since this man is a new father. The impact of prison would also affect his child. 

I would sentence this man to a conditional sentence with conditions of community service work, and restitution to the properties he damaged along with a curfew. I think this would be a more meaningful sentence, as opposed to prison. Since he has drug and alcohol issues, I would also have this man participate in substance abuse programs to help him with his addictions. Prison would do nothing to address the root causes of this man's criminal behaviour and would negatively impact him and his family.

Non violent property offenders should not be imprisoned. Prison should always be a last resort, not over-relied upon. This man should receive a conditional sentence. Prison would negatively impact this man and his family and has no purpose, besides revenge/retribution, which is completely unjustified. Prison would not address the root causes of this man's criminal behaviour, such as his addictions issues. 

Prisons do not accomplish deterrence. Most criminals are impulsive and not rational, cost-benefit weighing actors. This would not teach anybody a lesson. Prison does not deter, prevent or reduce crime. If you want our society to get "tough" on crime, you are essentially advocating for less safe communities, because prisons do not address the root causes of crime and actually increase the chances of re-offending.  

Gage Guimond's aunt shouldn't be jailed

Gage Guimond's aunt shouldn't be jailed

Family and friends of two-year-old Gage Guimond certainly have the right to lash out at Judge Lee Ann Martin’s decision Tuesday that his great aunt Shirley Guimond will not go to jail after the child died while in her custody.

They’ve lost a child. No punishment in the world is going to be tough enough for them.

Gage and his three-old sister had been in the custody of Sagkeeng Child and Family Services before they were placed in Shirley Guimond’s care in June 2007. Just one month later Gage was placed in a backless high chair adjacent to the basement stairs while Shirley Guimond took three other children to the washroom. When she returned Gage had fallen down the stairs and was critically injured. She called 911 immediately but Gage died a few days later.

Shirley Guimond pleaded guilty last November to failing to provide the necessaries of life.

The judge ruled Tuesday she will serve an 18-month conditional sentence in the community. This includes an absolute curfew for the first year and a 10 p.m. to 6 a.m. curfew for the remaining six months. Her sentence is to be followed by three years of supervised probation.

A child died so it’s a serious case. Guimond is paying for it. She got time just not in a jail or prison. The Crown and defence both agreed on the length of the sentence but citing precedents in other cases, the Crown argued she should go back to jail. She’s already served time for an assault causing bodily harm charge.

But is throwing her in jail again the proper penalty considering the facts of the case?

Clearly it’s not.

Consider this case last year.

Young mother Michelle Camire, 27, momentarily “lost it” and angrily threw her three-month-old into a padded bassinet, fracturing his skull. She pleaded guilty to manslaughter and got the same sentence. Camire’s actions were far more serious than Guimond’s and yet she got the same punishment. That alone is proof enough.

At Shirley Guimond’s sentencing hearing in April her lawyer argued this was a “momentary lapse, not a lengthy one.” He also argued the child welfare system should be on trial with her.

He said the CFS had “foisted” little Gage on to his great aunt for “political” reasons.

He’s right. She tried to return he and his sister but CFS wouldn’t remove them so the province must share a good deal of the blame for this boy’s death.

We must be cautious not to let our hearts, instead of our heads, take over in this unfortunate case. A woman made a grave error and a child fell down a flight of steps.

A lengthy jail term is inappropriate for this series of events.

I completely agree. Jail time would serve no purpose for this woman. This was a mistake which could happen to anybody. Her actions after the accident, show that she is a caring person as she called 911 and tried to revive the child. Jail should always be a last resort and should be reserved for those who pose a real danger to society. This woman does not fit that criteria. Therefore, I completely agree with a conditional sentence and probation.

Man gets conditional sentence for alleged racist attack on neighbour

Reservist gets conditional sentence for attack on neighbour

A Canadian Forces reservist has been given a six-month conditional sentence for a race-based attack against his elderly neighbours.

Joseph Zielinski, 49, had been seeking a discharge which would have spared him a criminal record. But provincial court Judge Michel Chartier said Wednesday the disturbing 2007 incident called out for stiffer sanctions. He said Zielinski can remain in the community under certain conditions, including a curfew..

"The consequences of (Zielinski's) actions are clear. He has caused both physical and emotional distress to the victim," Chartier said in handing down his decision.

Zielinski had claimed at trial he was the victim of bogus allegations, but Chartier found his version of events "was void of reason or sense" in convicting him of last month of assault causing bodily harm.

Neurologist Dr. Francis Dominique, 73, and his wife, Vydha, 76, told court how Zielinski leaped over the fence separating their Tuxedo homes and launched into a violent rage. Several other area residents have reported similar attacks from Zielinski, who moved into the neighbourhood nine years ago with his wife and son.

The dispute that landed in court began when the Dominiques had large trees removed and branches and needles fell into Zielinski's yard. The couple -- who are originally from Trinidad – say Zielinski grabbed a leaf blower and shot the debris back towards them. They say he pulled a similar stunt the previous winter by spraying snow into their yard.

The Dominiques said Zielinski ignored their demands to stop and threatened them instead, hurling several racial slurs in the process.

Zielinski then entered their yard and jumped on Francis Dominique -- kneeing and punching him, court was told. His wife picked up a small stick and hit Zielinski but because of her limited mobility, which includes walking with a cane, she was unsuccessful in driving him off. She went back towards the house and called for help. Zielinski eventually got off her husband and returned to his yard. She said her husband was bleeding from the nose and had an injury to his groin.

Zielinski told a much different story. He claims it was the doctor who went on a verbal tirade, then grabbed a large stick and began poking him through the fence. Defence lawyer Ed Murphy produced several photographs in court that show scratches on Zielinski's neck and chest.

Francis Dominique gave a victim impact statement to the court Wednesday, saying he continues to suffer physical and emotional injuries from the attack. Zielinski is employed with Canadian Forces 17 Wing but has apparently been on leave, court heard.

6 months house arrest for neighbour attack
A Winnipeg man has been sentenced to six months house arrest following a racially charged assault against his neighbour.
Joseph Zielinski, 49, was convicted of one count of assault causing bodily harm following a trial earlier this year.
The Tuxedo resident was found guilty of attacking his then 73-year-old neighbour, neurologist Dr. Francis Dominique, following an argument in their adjoining backyards.
Court heard Zielinski jumped over a fence separating the yards and attacked Dominique from behind, knocking him to the ground. Zielinski grabbed Dominique by the groin, punched him several times in the chest, and called him "sand n....." The attack only ended when Dominique's wife Veyda ran to the house to call police.
Judge Michel Chartier rejected a defence recommendation Zielinski receive a conditional discharge. Chartier said the attack against a much younger, vulnerable victim demanded a custodial sentence, but agreed Zielinski could serve it in the community.
Dominique told court he continues to suffer back pain and difficulty with his leg following the attack. He said his wife now fears going into their backyard or being alone in their house.
"The consequences of (Zielinski's) actions are clear," Chartier said. "He has caused both physical and emotional distress to the victim."
At trial, Zielinski claimed Dominique fabricated the assault allegations because he didn't like him as a neighbour.
Zielinski offered no words of apology in court Wednesday.
Zielinski and Dominique remain neighbours.

Race-based attack on neighbour results in conditional sentence
A Winnipeg man convicted of a race-based attack on his elderly neighbours will be confined to his house for the next six months.
Joseph Zielinski, 49, was given a conditional sentence Wednesday, which includes a 24-hour curfew. There are a few exceptions, including being allowed to leave to perform 150 hours of court-ordered community service.
Zielinski had been seeking a discharge which would have spared him a criminal record. But provincial court Judge Michel Chartier said the disturbing 2007 crime called out for stiffer sanctions.
"The consequences of (Zielinski's) actions are clear. He has caused both physical and emotional distress to the victim," Chartier said.
Zielinski had fought the case at trial, claiming he was the victim of bogus allegations. But Chartier found his version of events "was void of reason or sense" in convicting him of last month of assault causing bodily harm.
Neurologist Dr. Francis Dominique, 73, and his wife, Vydha, 76, told court how Zielinski leaped over the fence separating their Tuxedo homes and launched into a violent rage.
The dispute that landed in court began when the Dominiques had large trees removed and branches and needles fell into Zielinski's yard. The couple -- who are originally from Trinidad -- say Zielinski grabbed a leaf blower and shot the debris back towards them. They say he pulled a similar stunt the previous winter by spraying snow into their yard. The Dominique's said Zielinski ignored their demands to stop and threatened them instead, hurling several racial slurs in the process.
Zielinski then entered their yard and jumped on Francis Dominique -- kneeing and punching him, court was told. His wife picked up a small stick and hit Zielinski but because of her limited mobility, which includes walking with a cane, she was unsuccessful in driving him off. She went back towards the house and called for help. Zielinski eventually got off her husband and returned to his yard.

Ideally, I feel that this man should have received a conditional discharge, where he would still be subject to conditions, but would not have a criminal record. But a conditional sentence is the next best option. He claimed that the couple was also racist towards him and had similar allegations against them, as they did for him. I am definitely glad that he was not sentenced to prison though! That is a positive! Prison would serve no purpose for this man because he is not dangerous and is not a risk to public safety. Therefore, he does need to be incapacitated. Prison is a negative environment with negative influences and underfunded programs. Prisons are the schools of crime and turn non violent offenders into more hardened criminals.This man should seek counselling or an anger management program. 

Man found guilty in race-based attack against neighbour (Blog Post)

Was this an assault.. He should be acquitted (Blog Post)

The CFS system put Gage in harm`s way

The system put Gage in harm`s way

The last tragic note of Gage Guimond's short life has sounded.

His great-aunt, Shirley Guimond, was handed an 18-month conditional sentence for her role in the toddler's death Tuesday morning. She faces an additional three years of probation. Guimond pleaded guilty to failing to provide the necessities of life.

Last November, Guimond also pleaded guilty to assault cause bodily harm for injuries both Gage and his sister sustained from her slapping and punching them. Then, a judge said Guimond would do no further time in jail for the assault charge, giving her double credit for 68 days she'd already spent behind bars.

So, in essence, Guimond's official punishment will be shorter than Gage's life. That's some irony, isn't it?

I've said all along that Guimond shouldn't have been the only one facing judgment. She knocked the stuffing out of Gage and his sister, to be sure. She was responsible for causing the little boy's death and the battery of the girl. She was given children to care for and plain didn't.

But it's the child welfare system that merrily handed a pair of innocents to this stranger. She didn't want them. Neither did the drunken granny they first tried to saddle with the kids. Their mother was incapable of taking care of them. The only people who wanted them were their foster family, a great bunch who provided them with the first stability they had known.

In its great wisdom, the Southern CFS Authority wrenched those children from the foster home. They wanted to "reunite" them with family, kin who would allegedly provide them with appropriate cultural supports. That's why they first foisted them off on granny and then on Shirley Guimond, who has a criminal record.

When Guimond made two desperate phone calls to CFS begging for help dealing with the children she was ignored. She shouldn't have been the only one on trial.

After the boy was buried, the Southern Authority issued a report on his death. Appallingly, they called him "a warrior for change," somehow making it sound as though this wee one had volunteered to be sacrificed.

"Death is an evolutionary process of the natural world and of the universe," the preamble read. "Death is the balance to life; the two evolutionary processes keep the universe intact. The natural composition of evolution of death and life and as good as it is will have unnatural occurrences or causes; it is the way of the universe."

Death may be natural but Gage Guimond's sure wasn't. He was killed, first by the neglect of an aunt who didn't want him and next by a child welfare system that put cultural reunification ahead of a child's safety. It sets my teeth on edge that the Southern Authority has never acknowledged its role in the death.

Natasha Guimond, Gage's mother, stood outside the Law Courts yesterday morning, condemning a system that led to her son's death. She's a little late to this party, it's true, and in an ideal world would have been capable of raising her two babies. But she wasn't and didn't and that doesn't mean she's not still mourning.

"I obviously wanted Shirley locked up," she said.

"Who in their right mind puts a high chair at the top of the stairs? Why did my kids have all those bruises? Where's the workers who placed Gage with Shirley?"

Natasha Guimond gets to see her surviving child once every three months and then only under supervision. The little girl was returned to her foster family after Gage was killed. She gripes because she sees her daughter in a controlled setting "with broken toys."

She's lucky to see the girl at all. That supervision is to belatedly provide safety and precarious security to the child.

As much or as little sympathy as you have for the birth mother, she's not the one on trial. Shirley Guimond was and skated away. The child welfare system should have been put on trial, too, from the first social worker who decided to take the children from their foster home to the agency that produces lengthy reports but can't guarantee the safety of the children in its care.

Gage didn't have to die. It was the system that placed him in harm's way.

Conditional sentence disappoints premier

PREMIER Greg Selinger says he's "disappointed" with the conditional sentence handed to Shirley Guimond for her role in the death of her great-nephew, Gage.

The NDP government faced a barrage of Opposition questions Tuesday about the court decision and whether or not child and family service agencies are continuing to remove kids from good homes and put them into unsafe ones.

"This decision that was made by the courts is one that we're obviously disappointed in," Selinger said in the legislature. "Gage Guimond lost his life tragically. We really believe that the recommendation of the Crown to have jail time would have been appropriate in this case..."

Justice Minister Andrew Swan said the Crown's office will carefully review the 14-page decision. "If the Crown believes there is appropriate reasons for an appeal (of the sentence) then I will support them going ahead and doing that appeal," he said.

Conservative Leader Hugh McFadyen said Gage Guimond's death was the result of the NDP's "rushed, careless, reckless approach to devolution" of child and family services.

McFadyen said while the government passed legislation two years ago making a child's safety the paramount concern in placement decisions, it's critical that CFS follow through on that. "We're not satisfied that has happened to date," he said.

I agree that aboriginal children should be placed in aboriginal homes, in order to maintain traditions and culture, but those homes and potential parents must be deemed fit to care for the child and they must be willing. The home needs to offer love and understanding. I believe that traditional aboriginal teachings need to be maintained throughout the generations. But a child also needs love, care, nurture and growth. Children should not be placed in homes which are dysfunctional and unable to care for them. There has to be more culturally appropriate, functional, happy, loving, and safe aboriginal foster families and homes.

Jail for this woman would not have been appropriate. I believe only the most dangerous individuals who pose a risk to society should be imprisoned. Jail should be a last resort, not over-relied upon. Jail would have negatively impacted this woman, as she has suffered from abuse herself in the past. A conditional sentence is completely appropriate. She made a mistake which could happen to anybody. 

Yes that is true but sorry it shouldn't be CFS. CFS is not in the business of taking children away from their birth Moms for the fun of it. There was a reason that these kids was taken away from their birth Mother. I really want to know what she was doing that cause CFS to investigate her in the 1st place.

You see her on the news saying how it is everyone's fault that her son has died. It is a horrible thing that happened to Gage who didn't get much of a chance to experience the joys of life, but I think Natasha needs to look into the mirror and in herself. See what she could have done differently so she wouldn't have been in a position to have CFS even investigating her in the 1st place.

This is something that every person who had a child taken away or is being investigated by CFS needs to do. Raise your kids the way they should be raised so CFS doesn't have to be concerned.

Wouldn't it be great that these parents actually took the proper responsibilities and raised their children, so no one would need to be having concerns for the child’s well being because the children are being well taken care of by them.

It would be great if this happened and we heard a news conference saying that CFS will now be closed as we are no longer needed!

In the end it is the ones who are having the kids who should be ultimately responsible for them, not CFS and not foster famlies!!

Yes the mother is partly to blame definitely. However, it is a lot easier to change CFS regulations then it is to change a human being or a large group of human beings. It would be fantastic if all parents were responsible, but even in the best of communities that's never going to happen. This child is dead because CFS put him back with other family members. The mother is not as much to blame because had he been kept with his foster family he would be alive and well. So yes we should be trying to reduce the need for children to be taken away, but most important of all is that when these children need to be taken away from the situation, they need to have a loving home to go to, and they need to stay there. That will be the fastest and most effective way to stop this from happening over and over.

Guimond gets conditional sentence for failing to provide the necessities of life

Guimond gets house arrest in nephew`s death

Shirley Guimond will not serve any more jail time for the death of her two-year-old great nephew Gage.

Guimond, 55, will serve an 18-month conditional sentence in the community, Judge Lee Ann Martin ruled this morning.

The sentence includes an absolute curfew for the first year and a 10 p.m. curfew for the remaining six months. Guimond's sentence is to be followed by three years supervised probation.

Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was originally charged with manslaughter but pleaded guilty last November to failing to provide the necessities of life.

Gage and his three-year-old sister had been in the custody of Sagkeeng Child and Family Services before they were placed in Guimond's care in June 2007. In the weeks prior to Gage's death, Guimond -- who was also caring for her 13-year-old grandson -- repeatedly assaulted the two young children.

Guimond pleaded guilty in November to assault causing bodily harm and was sentenced to 68 days time served plus three years supervised probation.

At a sentencing hearing last April, Guimond's lawyer Saul Simmonds argued Sagkeeng CFS foisted the children on Guimond against her wishes.

"She was not out there asking to be a foster parent," Simmonds said. "CFS came to her. Her position was she was clearly not prepared for that task."

Simmonds alleged CFS removed the children from the home of loving foster parents and placed them in Guimond's care for "political" reasons.

"This is not an isolated incident from their perspective," he said.

On the day Gage was fatally injured, Guimond had been out shopping with the three children and needed to use the washroom when they got back home. She placed the boy in a backless high chair adjacent to the basement stairs and ran to the washroom. When Guimond returned, Gage had fallen down the stairs, critically injuring himself.

Guimond called 911 and Gage was rushed to hospital where he died several days later.

Aunt sentenced in death of toddler

A judge has sentenced a Winnipeg woman to 18 months of house arrest for her role in the death of her two-year-old great nephew.
Shirley Guimond was convicted of failing to provide the necessities of life to Gage Guimond, who died in July 2007 after falling down a flight of stairs.
The toddler had been in the care of Child and Family Services for more than a year after his birth mother voluntarily gave him up.
He initially lived with his grandmother and then with a foster family before being placed in the home of Guimond, a distant relative, six weeks before his death.
Guimond pleaded guilty in November 2009 to failing to provide the necessities of life.
'God will eventually decide Shirley's fate. We obviously can't rely on Manitoba's legal system.'—Natasha Guimond, Gage Guimond's mother
Gage's mother is outraged that Guimond will not spend any time behind bars.
"It's just saying that it's OK to kill an innocent child because they can't be here to defend themselves," Natasha Guimond said as she cried outside court.
"God will eventually decide Shirley's fate. We obviously can't rely on Manitoba's legal system."

Boy routinely beaten
Sentencing submissions were heard in April. During that time, court was told Guimond frequently slapped, punched and kicked Gage.
Court also heard that in July 2007, Guimond put the boy on a chair near the top of some stairs after coming home from a shopping trip and running to the bathroom. The toddler fell down the stairs, hit his head, went into a coma and later died in hospital.
His death sparked anger in the community after an internal review found that child welfare workers did not properly assess Guimond's home.
Gage and another child were placed with his great-aunt in the summer of 2007, despite the fact that she had a criminal record and did not ask to take care of the children.
Guimond was previously convicted of assault causing bodily harm for hitting the child and was sentenced last fall to time served after spending 68 days in custody. Tuesday's sentence was on one count of failing to provide the necessities of life and focused only on the fall that killed Gage.

Pressured into taking foster kids
At the April sentencing hearing, Guimond's lawyer Saul Simmonds told court the Manitoba child-welfare system should be "in the box" along with his client, referring to the prisoner's box where the accused sits in court.
He suggested she was pressured into accepting the kids and that the system strives to keep aboriginal foster children with relatives or in aboriginal homes — even if those homes are not safe.

Shirley Guimond had suffered physical and sexual abuse since she was eight years old, Simmonds said, and was in no position to take up foster care. She had "borderline intellectual capacity," according to a medical expert.
Simmonds asked for 18 months of house arrest for Guimond.
The Crown was seeking a two-year jail sentence, but provincial court Judge Lee Ann Martin on Tuesday called Guimond's actions "bad judgment in a moment of haste."
Guimond did call 911, the judge noted, and tried to resuscitate the toddler.
"She has also accepted responsibility for his death and expressed her remorse," Martin said.
Guimond will also have three years of supervised probation and is prohibited from owning a weapon for five years.

Case helped change to foster care
Gage's death was one of several cases that raised questions about the Manitoba government's move to hand over care of aboriginal foster children to native-run regional authorities.
Critics said too much emphasis was placed on cultural concerns at the expense of safety.
The controversy prompted the NDP government in 2008 to change its legislation to specify that a child's safety is given higher priority than cultural or family ties.
Gage's death followed the high-profile case of Phoenix Sinclair, a five-year-old girl who spent most of her life in foster care and was killed after child welfare workers returned her to her mother.
Samantha Kematch and her boyfriend were convicted of murdering the girl in the basement of their home on the Fisher River reserve north of Winnipeg following months of abuse and neglect.

Guimond`s aunt given conditional sentence
Shirley Guimond, the woman charged in connection with the death of her two-year-old great-nephew, was handed an 18-month conditional sentence today for failing to provide the necessities of life. She will also serve three years of probation.
Gage Guimond died in July, 2007 after being placed in Guimond's care. His death allegedly came after he was placed in a high chair at the top of a flight of stairs and he tumbled down.
Gage and his sister had been removed from a loving foster home, placed with a grandmother who didn't want them, and finally given to Shirley Guimond. She had never previously met the children. In the course of their stay, she made at least two desperate calls to CFS, asking for help.
Premier Greg Selinger says he is disappointed with the 18-month conditional sentence handed today to Shirley Guimond in the death of her great-nephew, Gage.
Selinger expressed the sentiment in the legislature in response to a question by Conservative Leader Hugh McFadyen, who asked the premier if he agreed that a little boy’s life was more valuable than what was reflected in the judge’s sentence.
"This decision that was made by the courts is one that we’re obviously disappointed in," Selinger said. "Gage Guimond lost his life tragically. We really believe that the recommendation of the Crown to have jail time would have been appropriate in this case, and of course the Crown will be taking this decision under review and deciding what next steps they wish to take."
Last November, Shirley Guimond pleaded guilty to assault cause bodily harm for injuries both Gage and his sister suffered. She also pleaded guilty to failing to provide the necessities of life to Gage when he fell down the stairs in July 2007.
A judge said Guimond would do no further time in jail for the assault charge, after giving her double credit for 68 days she'd already spent behind bars.
Her sentence today was for two counts of failing to provide the necessities of life.
Gage's death was one of several that prompted demands for change in Manitoba's troubled child welfare system. The province devolved authority to aboriginal agencies in 2003, with a focus on keeping aboriginal kids, who make up the vast majority of those in care, with either relatives or in homes with an aboriginal culture.
After Gage's death, Family Services Miniwster Gord McIntosh said the safety of children should be paramount.

It was poor judgment -- no more jail time for woman in toddler`s death
Shirley Guimond will not serve any more jail time for the death of her two-year-old great nephew Gage.
Guimond, 55, will serve an 18-month conditional sentence in the community, Judge Lee Ann Martin ruled Tuesday.
The sentence includes an absolute curfew for the first year and a 10 p.m. to 6 a.m. curfew for the remaining six months. Guimond’s sentence is to be followed by three years of supervised probation.
The Crown and defence jointly recommended Guimond be sentenced to two years less a day. Guimond’s sentence is in addition to three months she has served at double credit.
Gage Guimond died in July 2007 after falling from a high chair and down a flight of stairs. Shirley Guimond was originally charged with manslaughter but pleaded guilty last November to failing to provide the necessaries of life.
“It is apparent ... there are many individuals who are saddened and dismayed by Gage’s death and the circumstances leading up to it,” Martin wrote in a 14-page decision. “There are no words ... that can change what happened and bring Gage back.
“This court can only comment on the profound senselessness of it all. To lose a young boy who was described as such a likeable and loving child is truly devastating.”
Gage and his three-year-old sister were in the custody of Sagkeeng Child and Family Services before they were placed in Guimond’s care in June 2007. In the weeks prior to Gage’s death, Guimond, who was also caring for her 13-year-old grandson, repeatedly assaulted the two young children.
She pleaded guilty in November to assault causing bodily harm and was sentenced to 68 days time served plus three years supervised probation.
At a sentencing hearing last April, Guimond’s lawyer Saul Simmonds argued Sagkeeng CFS foisted the children on Guimond against her wishes.
“She was not out there asking to be a foster parent,” Simmonds said. “CFS came to her. Her position was she was clearly not prepared for that task.”
Guimond “reluctantly” agreed to care for the children but was asking CFS to take them back after two weeks, Simmonds said.
On the day Gage was fatally injured, Guimond was shopping with the three children and needed to use the washroom when they got back home. She put the boy in a backless high chair adjacent to the basement stairs and ran to the washroom. When Guimond returned, Gage had fallen down the stairs, critically injuring himself.
Guimond called 911 and Gage was rushed to hospital where he died several days later.
“These facts ... are quite frankly facts indicative of poor judgment in a moment of haste,” Martin said.
Martin said Guimond’s assaults on Gage were not a factor in his death.
“Though there had been instances of ‘over-correction’ in the month preceding this incident, the ‘over-correction’ did not lead to Gage’s death and in fact is not related to it,” he said.
When asked in question period Tuesday whether the Crown might appeal the sentence, Premier Greg Selinger said his government did not agree with the judge’s decision.
“This decision that was made by the courts is one we were obviously disappointed in,” Selinger said, adding the Crown is now reviewing the decision in order to decide whether to appeal.

I completely agree with a conditional sentence and probation. This woman should also receive abuse counseling and participate in emotion management programs. The death was unintentional and she called 911 and tried to revive the child, which demonstrates her caring nature. This woman is not dangerous or violent and therefore, jail would not be warranted. It would not have helped her in any way and she would have likely been negatively influenced by prison. This was a mistake which could happen to anybody. This woman had suffered from physical and sexual abuse as a child and that can often to chemical imbalances in the brain. Many people who abuse others, have been abused themselves as children. People who have been abused themselves, should not be in prison. That will likely only worsen their condition and mental state. Guimond`s biological mother was upset about what happened, but she could have very well taken care of her own child. We need to fix the CFS system and do more background checks on potential foster parents to be sure the home environment is safe. I agree though, that aboriginal children should have aboriginal foster parents, to maintain their culture and traditions but the parents need to be deemed "fit" to care for foster children. If the mother was not able to look after her own child, she should not be complaining when something bad happens. The CFS agency, the worker and the mother are to blame. This mother should have accepted responsibility for her own child. CFS should have never placed the child in Shirley`s care, because she clearly did not want to care for more children, yet they forced it upon her.    

Sentencing date set for Guimond

Daycare operater sentenced to conditional sentence for child pornography

Kid-porn pervert gets house arrest

A former daycare operator arrested for accessing child pornography has been sentenced to six months house arrest.

Marc Balez, 38, was arrested in September 2005 following an investigation by city police and the Integrated Child Exploitation (ICE) unit.

At the time of his arrest, Balez and his wife operated the Charleswood Children’s Centre on Roblin Boulevard. The daycare centre has since closed.

Crown attorney Mick Makar and defence lawyer Ryan Amy jointly recommended Balez be allowed to serve a conditional sentence.

Balez’s arrest pre-dated changes to the law requiring mandatory jail sentences for child pornography offences.

Makar said Balez has already spent nearly five blemish-free years under very restrictive bail conditions.

Police executed a search warrant at Balez’s home on Aug. 30, 2005, and seized computer discs containing nearly 600 images of child pornography and two movies.

Police seized a laptop computer at the daycare but it did not contain any pornography. Makar said “wiping software” had been used on both computers, eliminating evidence of recent activity.

Court heard Balez used a “search bot” program to automatically download pornography according to his customized preferences.

“Mr. Balez cast the net and the net came back with inappropriate images,” Amy said.

Judge Wanda Garreck ordered Balez, during the period of his conditional sentence, not possess pornography or access the Internet.

Garreck also ordered his name be included on the national sex offender registry for 10 years.

I completely agree with a conditional sentence for this man as opposed to prison. I don't think there would be any reason to hold him in prison as he is not a danger to society and therefore, does not need to be incapacitated. The article does not mention that this man has any prior record or any other mitigating factors, which makes a conditional sentence even more appropriate.

Woman violates conditional sentence, must serve remaining time in jail

Woman blows shot at freedom

A Manitoba woman is headed to jail after repeated violations of her conditional sentence ended in a dangerous confrontation with RCMP.

Lillian Orvis was initially given a nine-month period to be served in the community last November after pleading guilty to trafficking marijuana on her home reserve of Bloodvein First Nation. She was re-arrested weeks later for breaching several terms of the sentence but convinced provincial court Judge Michel Chartier to give her one final shot at freedom, rather than suspend the rest of her conditional penalty.

His generosity and tolerance backfired.

RCMP responding to an anonymous tip found Orvis driving drunk through the community in March, when she was supposed to be under 24-hour house arrest and not consuming any alcohol. There were several other people in the car, including her 19-year-old son who was wanted for a hit-and-run accident earlier that day.

Orvis briefly pulled over, then sped away when police tried to arrest her. She narrowly missed running over the foot of one officer.

Police gave chase and followed Orvis to the Bloodvein airport, where she stopped her car and made a run for the forest. Two officers followed her footprints in the snow and found her hiding behind a tree, nearly a full kilometre into the woods.

Orvis began threatening the police and their families, armed herself with a broken tree branch and began punching the officers in the chest while shouting "I won't go down without a fight," court was told. Her son also emerged from hiding and began attacking police, who eventually overpowered both mother and son and got them in handcuffs.

Orvis was given a blood-alcohol test and found to be nearly twice the legal limit. Police charged her with impaired driving, flight from police officer, assaulting a police officer and several breaches of her conditional sentence.

Orvis appeared in court Friday seeking to be given yet another opportunity to succeed in the community. But Chartier wasn't convinced, saying her flagrant breaches must be punished. He noted her probation officer says she has shown an "inability and unwillingness" to comply with her court orders and the various programming and treatment options it provides.

"She has totally disregarded the conditional sentence order. This is a serious case of non-compliance," said Chartier. He reminded Orvis about the strong warning he'd given her months earlier when deciding not to send her to jail for her first set of breaches.

"It was made abundantly clear what the consequences of a further breach might be," he said. Chartier said giving her yet another opportunity would leave him "concerned the integrity of conditional sentence orders and public confidence in the administration of justice would be eroded."

Chartier has now ordered Orvis to remain behind bars until her conditional sentence expires in late August. She must also still deal with the new criminal charges stemming from her latest incident.

I believe in second chances. This was one breach by the woman and she should have been given a second chance to succeed in the community. These breaches, consuming alcohol, and the fact that her son was wanted for a hit run, is a refection of deeper problems within this woman's family and ultimately, the community. If this woman lives on a reserve, I am almost positive they don't offer resources and/or alcohol/drug treatment, which is maybe why she isn't participating in that. 

I also wonder, has restorative or Aboriginal justice, which integrate Aboriginal cultures and traditions, healing, restoration and support circles, been considered as an option for this woman? Likely not. 

I feel that prison should only be reserved for the most dangerous and violent offenders. This woman is not one of them, in my opinion. She made a mistake by consuming alcohol. Everyone makes mistakes and she should be given another chance. How will prison solve this woman's family and community conflicts/problems? It likely will not. I think the Judge should have let her serve the remainder of her conditional sentence in the community and offer family counseling, substance abuse treatment (maybe even a residential place) and a healing circle involving the woman, her son and the police officers who she assaulted. This woman needs help, not prison.  

Thief evades prison

Thief evades prison

A Winnipeg woman who admitted stealing $240,000 from her former employer has been granted a two-year conditional sentence.

Karen Denbow, 46, pleaded guilty Wednesday to one count of theft over $5,000.

Denbow stole the money while employed as an administrative assistant with VitalAire Canada between 1995 and 2002.

Court heard Denbow deposited customer cheques into petty cash accounts and then wrote cheques to herself and various city merchants.

“The stress of this particular situation has been enormous,” said defence lawyer Sheldon Pinx, noting Denbow lost her marriage and her house because of her actions.

VitalAire didn’t report Denbow to police until 2005, after winning a $370,000 civil judgment against her.

Denbow wasn’t charged criminally until 2007. Because banks don’t retain their records longer than seven years, the Crown was limited in what it could prove Denbow stole, said prosecutor Steve Johnston.

“Had we gone to trial, I don’t know that we would have been able to prove the full $240,000,” Johnston said. “We would have pursued this differently, had the case been less stale ... She could easily go to the penitentiary, but because of the circumstances we have decided to go a different avenue.”

Denbow has repaid more than $100,000 to VitalAire’s insurance company. Court heard Denbow has agreed to pay another $25,000 to settle her debt.

Judge Ray Wyant called Denbow’s actions “planned, premeditated and organized.”

“Even with repayment, there is likely money that will never be returned and you benefited from that,” Wyant said.

I agree with this sentence in that the woman has had enough stress, such as losing her marriage and home, and doesn't need the added stress along with damaging effects of being in prison. It's also good to see that she has paid back a lot of the money already and I think a conditional sentence is appropriate. 

Fraudster will not being going to prison

Fraudster avoid prison term 

- A convicted fraud artist now in witness protection won’t be going to prison for his crime.

- Instead, the 26-year-old former H & R Block manager will be allowed to serve a two-year conditional sentence in the community.

- The man has co-operated with police on an unrelated criminal matter and is now living at an undisclosed location outside Manitoba.

- Justice Karen Simonsen said she accepted evidence that the man’s life would be in jeopardy if he was sentenced to real prison time.

- “Given (his) involvement in the witness protection program, it is apparent that he has provided information to the police to assist in either the apprehension or prosecution of others, and in so doing has put himself at considerable risk,” she said.

- Winnipeg police arrested the man in April 2006 after he fraudulently processed inflated tax returns worth $15,000. The money was withdrawn from bank machines using company issued debit cards.

- The man pleaded guilty to one count of fraud over $5,000.

He served a prison sentence for a string of break and enters prior to being hired by H & R Block. Court heard he was initially hired as a receptionist and then promoted to manager when the previous manager was fired.

At a sentencing hearing Monday, prosecutor Lisa Cupples said had the matter gone to trial the Crown would have had a difficult time proving the man had “exclusive opportunity” to commit the fraud.

“It’s an extremely circumstantial case that would have taken a lot of trial time to prove,” she said.

An investigation could not determine who withdrew the money or who spent it, Cupples said.

I think this sentence is the right decision considering that his life might be in danger if sent to prison, because he is in the witness protection program on another unrelated matter. I dont think prison is necessary because he is not dangerous or violent or a risk to the safety of the public. 

Man who collected child rape videos gets 6 mos. prison and 18 mos. conditional sentence

Man collected child rape videos

- A man who collected videos that depicted small crying children being raped was sentenced to six months in jail, along with an 18-month conditional sentence.

- However, when given credit for the six months he already served in prison, Lucas Gannon was released to serve out the rest of his sentence in the community, and he will be staying at a dorm at the Salvation Army.

- In a passionate apology to the court, Gannon, 26, of Springwater Township, said he couldn’t stop himself from viewing child pornography.

- “I need help,” Gannon admitted, after pleading guilty to possession of child pornography as well as fraud and extortion. 

- He was also placed on three years of probation where he must seek treatment and stay away from children under 16.

- Court heard about his bizarre extortion scheme where Gannon posed as a buff firefighter and lured an adult woman into falling in love with him over the Internet. He threatened to post her sexy photographs if she didn’t send him more and more explicit sexual photos and videos of herself.

- The woman went to police, who searched his residence, and found dozens of videos and photos of child pornography on his computer as well as in his photo album. He was arrested May 14, 2009.

- The videos contained clips of small, naked children urinating or being raped or forced to perform oral sex.

- “Most disturbing is one clip of a teddy bear sitting on a penis while the child is performing oral sex,” said Justice Nancy Dawson as she described the content.

- “I knew it was wrong, but I couldn’t stop,” said Gannon, standing in the prisoner’s box with handcuffs.

- “Somehow it got to be younger and younger children. I couldn’t stop.”

- Gannon admitted to buying children’s underwear to satisfy his urges, but he insisted he did not take the child pornography any further than viewing it.

- “But I know that by viewing it I was harming that child all over again.”

- Months after Gannon was arrested, he was diagnosed with leukemia while in jail and he now needs intensive treatment.

- “Maybe I deserve this after what I’ve done,” Gannon told the judge. “But what I’m trying to do is learn about it and get help so that it never happens again.” 

I believe this man when he says that he is trying to get help for his problem that he couldn't stop. I feel that a conditional sentence and probation are appropriate, because he needs medical help for his leukemia and in the community, he can receive counseling and treatment for his pornography addiction.  

15 month conditional sentence for manslaughter

Man gets 15 month conditional sentence for manslaughter 

No jail for death of friend 

- Jeffrey James Bear aged 33 plead guilty to manslaughter on Friday and received a 15 month conditional sentence as a joint recommendation from Crown and Defence.
- Manslaughter is unintentional killing of a human. 

- In September 2007, Lyle Walker aged 35 was shoved by Jeffrey outside Club 200. 

- Walker died days later from head trauma after undergoing two surgeries for his injuries. 

- Jeffrey turned himself into police two days after the altercation. 

- He spent 7 weeks in custody before being released on bail.

- Walker's blood alcohol level was 0.38 which is 4 times the legal limit for driving of 0.08 

- Walker allegedly fell backwards after losing his balance (likely from the alcohol) and hit his head on the pavement. 

- He was able to stand up and walk, but complained of an injury.
- Went to the hospital via ambulance but was not in emergency, placed in hospital triage waiting area. 

- Walker fell a second time after he collapsed in a bathroom at the hospital. 

- Defence said it's possible he struck his head a second time, which could have caused his death, other than the fall caused by Jeffrey Bear.
- Bear was coming to pick up Walker from the bar, when Walker initiated an argument with Bear.
- Jeffrey Bear was completely sober. 

- Defence said that Jeffrey was "emotionally devastated" to learn that his former partner had died, and expressed true remorse. 

- Jeffrey had been sober that night and had come to the club to pick up his partner, who had been drinking a lot. 

- "They had a bit of a dispute outside," defence lawyer Zaman said. "This was basically an unlawful act manslaughter, with the unlawful act being the push."

- Jeffrey had swore at Walker and then shoved him with both hands in the chest which is when Walker stumbled, lost his balance, and fell to the pavement. 

- "New federal sentencing guidelines reject the notion of a conditional sentence for a violent crime like manslaughter, but Bear was exempted because his offence pre-dates the changes."
- Now, must get prison if convicted of manslaughter
- When this happened in 2007, their was no mandatory minimum sentence for manslaughter.

- “He is going to have to live with something beyond what the court can impose on him and that is his conscience,” defence said.
- Has no prior criminal record (only a small mischief conviction) and is not a career criminal.
- Was a "one-shove" manslaughter, no assault happened.
- Must abide by a 9 pm-6 am curfew, attend counselling and treatment, and if breach conditions or commit a new crime, he could serve the remaining of his time in prison.

I believe the Judge was correct in sentencing this man to 15 months conditional sentence. I believe that this was a tragic accident but not a crime. The second time Walker fell, could have been what ultimately caused his death, and possibly not the time he fell after Bear shoved him. Also, Bear shoved him, but didnt know how drunk his friend probably was and didnt intend to push him to the ground causing him to hit his head. He loved this man and would not want to kill him. The sentence imposed is appropriate considering the circumstances of the case. This man expresses true remorse for his actions and I feel that this man is not a risk to the public's safety and is not dangerous in any way and therefore, should not be sent to prison, because it would not help him in any way. I believe prison should be reserved for only the most dangerous and violent offenders. He said he was emotionally devastated by what had happened. He even turned himself in to the police, showing his true remorse. It's also ambiguous as to which fall, actually caused the death, therefore, their is reasonable doubt as to his involvement and he should get a lighter sentence.