R. v. McDonald (C.D.), 2012 SKQB 158

• Judge: Gabrielson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 19, 2012
• Jurisdiction: Saskatchewan
• Citations: 2012 SKQB 158;(2012), 396 Sask.R. 135 (QB)

R. v. McDonald (C.D.) (2012), 396 Sask.R. 135 (QB)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. MY.011

Her Majesty the Queen v. Charissma Deedee McDonald

(2011 N.J. No. 8; 2012 SKQB 158)

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

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Gabrielson, J.

April 19, 2012.

Summary:

The accused was charged with (1) criminal negligence causing the death of her one year old daughter S. by not ensuring that the child received medical care, contrary to s. 220(b) of the Criminal Code and (2) failing without lawful excuse to provide the necessaries of life to S., contrary to s. 215(2)(a) of the Code. The accused pled guilty to count 1. The Crown indicated that it would be staying count 2. A hearing was held concerning whether a sentencing circle was appropriate.

The Saskatchewan Court of Queen's Bench decided not to order a sentencing circle.

Criminal Law - Topic 5809.2

Sentencing - General - Establishment of sentencing or healing circle - The accused pled guilty to criminal negligence causing the death of her one year old daughter by not ensuring that the child received medical care, contrary to s. 220(b) of the Criminal Code - A hearing was held concerning whether a sentencing circle was appropriate - The Saskatchewan Court of Queen's Bench decided not to order a sentencing circle - The proposed members of the sentencing circle did not meet the definition of "community" referred to in the case authorities - It was proposed that the sentencing circle be held in the City of Saskatoon - Although the accused had lived in Saskatoon for at least 15 years, there was no evidence before the court that she had deep roots in the community - All of the participants proposed in the pre-sentence report were family members or quasi-family members and none of them lived in Saskatoon except for the accused's common law spouse - While two additional participants proposed by counsel for the accused had roots in Saskatoon, they did not have a relationship with the accused - The court stated that "It is difficult to see how submissions from parties who do not live in the community or if they do, do not know the accused, would assist me in determining an appropriate sentence. ... I am not satisfied that what is proposed is a community to which the accused will account nor a community which will take responsibility for the accused".

Cases Noticed:

R. v. Munson (K.) et al., [2002] 3 W.W.R. 105; 214 Sask.R. 262; 2002 SKQB 530, affd. (2003), 232 Sask.R. 44; 294 W.A.C. 44; 172 C.C.C.(3d) 515; 2003 SKCA 28, refd to. [paras. 7, 20].

R. v. Morin (I.), [1995] 9 W.W.R. 696; 134 Sask.R. 120; 101 W.A.C. 120 (C.A.), refd to. [para. 8].

R. v. Joseyounen, [1995] 6 W.W.R. 438 (Sask. Prov. Ct.), refd to. [para. 8].

R. v. Cheekinew (L.J.) (1993), 108 Sask.R. 114; 80 C.C.C.(3d) 143 (Q.B.), refd to. [para. 9].

R. v. J.J. (2004), 244 Nfld. & P.E.I.R. 24; 726 A.P.R. 24; 192 C.C.C.(3d) 30; 2004 NLCA 81, refd to. [para. 10].

R. v. L.(B.) - see R. v. Labelle (B.).

R. v. Labelle (B.) (2002), 299 A.R. 78; 266 W.A.C. 78; 163 C.C.C.(3d) 404; 2002 ABCA 44, refd to. [para. 10].

R. v. Pashe (S.J.) (1995), 100 Man.R.(2d) 61; 91 W.A.C. 61; 1995 CanLII 6256 (C.A.), refd to. [para. 14].

R. v. Schoenthal (D.L.) (2006), 278 Sask.R. 273; 2006 SKQB 177, refd to. [para. 15].

R. v. Pauchay (C.C.) (2009), 333 Sask.R. 167; 2009 SKPC 35, refd to. [para. 16].

R. v. Pauchay (C.C.) (2009), 328 Sask.R. 173; 2009 SKPC 4, refd to. [para. 16].

R. v. Taylor (W.B.), [1998] 7 W.W.R. 704; 163 Sask.R. 29; 165 W.A.C. 29 (C.A.), refd to. [para. 25].

Counsel:

Sheryl J. Fillo, for the Crown;

Kevin D. Hill, for the accused.

This application was heard before Gabrielson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following ruling on April 19, 2012.