R. v. McDonald (C.D.), 2012 SKQB 245

• Judge: Gabrielson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: June 20, 2012
• Jurisdiction: Saskatchewan
• Citations: 2012 SKQB 245;(2012), 401 Sask.R. 25 (QB)

R. v. McDonald (C.D.) (2012), 401 Sask.R. 25 (QB)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. SE.002

Her Majesty the Queen v. Charissma Deedee McDonald

(2011 N.J. No. 8; 2012 SKQB 245)

Indexed As: R. v. McDonald (C.D.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Gabrielson, J.

June 20, 2012.

Summary:

The accused pled guilty to a charge of criminal negligence causing the death of her 17 month old daughter, by not ensuring that her daughter received medical care. The accused requested that a sentencing circle be established.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2012), 396 Sask.R. 135, decided not to order a sentencing circle.

The Saskatchewan Court of Queen's Bench imposed a sentence of two years less a day to be served in provincial institution.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5863.1 ].

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5863.1 ].

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5863.1 ].

Criminal Law - Topic 5833.1

Sentencing - Considerations on imposing sentence - Child abuse - [See Criminal Law - Topic 5863.1 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5863.1 ].

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5863.1 ].

Criminal Law - Topic 5863.1

Sentence - Criminal negligence causing death - The accused pled guilty to a charge of criminal negligence causing the death of her 17 month old daughter, by not ensuring that her daughter received medical care - The child died from an infection, which could have been treated - The accused did not follow a doctor's recommendation to obtain medical treatment for the child - The accused admitted that she did not do so because she was scared that, due to bruises on the victim, she and the accused's other children would be apprehended by Social Services - The accused had a relatively minor criminal record which was quite dated with the exception of an impaired driving charge which was dealt with in 2008 - She identified as both Metis and non-status under Bill C-31 - The Saskatchewan Court of Queen's Bench imposed a sentence of two years less a day to be served in provincial institution - Although the court took into account the "Gladue" factors, the severity of the offence, the need for adequate denunciation and deterrence as mandated by s. 718.01 of the Criminal Code, and the precedents set in the Saskatchewan cases referred to, required it to exercise its discretion not to impose a sentence to be served in the community.

Cases Noticed:

R. v. Pauchay (C.C.) (2009), 333 Sask.R. 167; 2009 SKPC 35, refd to. [para. 6].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161; 133 C.C.C.(3d) 385, refd to. [para. 8].

R. v. Ipeelee (M.) (2012), 428 N.R. 1; 288 O.A.C. 224; 318 B.C.A.C. 1; 541 W.A.C. 1; 2012 SCC 13, refd to. [para. 8].

R. v. Fineday (2007), 46 C.R.(6th) 108; 2007 SKPC 2, refd to. [para. 8].

R. v. Lam (M.) (2004), 351 A.R. 332; 37 Alta. L.R.(4th) 141; 2004 ABQB 78, refd to. [para. 8].

R. v. Pashe (S.J.) (1995), 100 Man.R.(2d) 61; 91 W.A.C. 61 (C.A.), refd to. [para. 8].

R. v. Patten - see R. v. S.P.

R. v. S.P. (2002), 218 Nfld. & P.E.I.R. 303; 653 A.P.R. 303 (Nfld. T.D.), refd to. [para. 8].

R. v. Rope (C.J.) (1995), 136 Sask.R. 171 (Q.B.), refd to. [para. 8].

R. v. J.K.E., 1999 YTYC 501, refd to. [para. 8].

R. v. Schoenthal (D.L.) (2006), 278 Sask.R. 273; 2006 SKQB 177, revsd. (2007), 299 Sask.R. 1; 408 W.A.C. 1; 2007 SKCA 80, refd to. [para. 23].

R. v. E.T. et al. (2012), 394 Sask.R. 113; 2012 SKQB 169, refd to. [para. 23].

R. v. Pauchay (C.C.) (2009), 328 Sask.R. 173; 2009 SKPC 4, refd to. [para. 26].

R. v. Nusrat (N.) (2009), 244 O.A.C. 241; 239 C.C.C.(3d) 309; 2009 ONCA 31, refd to. [para. 29].

Counsel:

Sheryl J. Fillo, for the Crown;

Kevin D. Hill, for the accused.

This matter was heard before Gabrielson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on June 20, 2012.