R. v. A.Q. et al., (2015) 471 Sask.R. 226 (PC)

• Judge: Beaton, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: April 13, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 471 Sask.R. 226 (PC);2015 SKPC 51

R. v. A.Q. (2015), 471 Sask.R. 226 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. AP.046

Her Majesty the Queen v. A.Q. and V.S.

(Information: 38280356, 38280355, 38282293; 2015 SKPC 51)

Indexed As: R. v. A.Q. et al.

Saskatchewan Provincial Court

Beaton, P.C.J.

April 13, 2015.

Summary:

The aboriginal accused A.Q. and V.S. each pled guilty to six charges, including assaults with a weapon, sexual assaults with a weapon, assaults causing bodily harm and making child pornography. The complainant S.C. was 16 at the time of the offences while the complainants S.S. and J.C. were ages 11 and 10. V.S. was A.Q.'s mother. S.S. and J.C. were A.Q.'s nieces, who had been placed in A.Q.'s care.

The Saskatchewan Provincial Court sentenced A.Q. to a total of eight years' imprisonment and V.S. to a total of 7.5 years' imprisonment. Both were granted 40 months' credit for remand time. The court also ordered the accused to provide DNA samples and made lifetime orders under the Sexual Offender Information Registration Act and 10 year firearms prohibition orders.

Editor's Note: For the decision dismissing the accused's application to expunge their guilty pleas, see (2015), 464 Sask.R. 232.

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 5803

Sentencing - General - Consecutive sentences - The aboriginal accused A.Q. and V.S. each pled guilty to six charges, including assaults with a weapon, sexual assaults with a weapon, assaults causing bodily harm and making child pornography - The complainant S.C. was 16 at the time of the offences while the complainants S.S. and J.C. were ages 11 and 10 - V.S. was A.Q.'s mother - S.S. and J.C. were A.Q.'s nieces, who had been placed in A.Q.'s care - The Saskatchewan Provincial Court sentenced A.Q. to a total of eight years' imprisonment - V.S.' total sentence was 7.5 years' imprisonment as she was implicated in fewer assaults than A.Q. - Both were granted 40 months' credit for remand time - Consecutive sentences were warranted given the nature of the offences, which were "very disturbing" and were planned, deliberate and revenge-based - The complainants were tortured - The accused felt justified in their conduct - Aggravating factors included the accused's position of trust and that the complainants were under 18 years of age and were threatened with death - The complainants were forced to watch pornography - There were numerous incidents - There were few mitigating factors - Both accused had difficult lives marked by a number of Gladue factors, including violence and substance abuse - V.S. was a residential school survivor - The combination of historical factors and the accused's personal circumstances cast their moral blameworthiness in a different light - However, given the offences' gravity and the accused's degree of responsibility, denunciation and deterrence remained the primary sentencing goals - See paragraphs 18 to 50.

Criminal Law - Topic 5830.4

Sentencing - Considerations on imposing sentence - Guilty plea - The aboriginal accused A.Q. and V.S. each pled guilty to six charges, including assaults with a weapon, sexual assaults with a weapon, assaults causing bodily harm and making child pornography - The complainant S.C. was 16 at the time of the offences while the complainants S.S. and J.C. were ages 11 and 10 - V.S. was A.Q.'s mother - S.S. and J.C. were A.Q.'s nieces, who had been placed in A.Q.'s care - At issue on sentencing was the effect of the accused's guilty pleas - The Saskatchewan Provincial Court, stated, "I find few mitigating circumstances. Although the accused have pled guilty, an application to expunge the guilty pleas was subsequently made and denied. I therefore do not place the same weight on the entering of guilty pleas as I would otherwise." - See paragraph 32.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5803 ].

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5803 ].

Criminal Law - Topic 5834.1

Sentencing - Considerations on imposing sentence - Seriousness of offence - [See Criminal Law - Topic 5803 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5803 ].

Criminal Law - Topic 5834.2

Sentencing - Considerations on imposing sentence - Effect on victim (incl. victim impact statements) - The aboriginal accused A.Q. and V.S. each pled guilty to six charges, including assaults with a weapon, sexual assaults with a weapon, assaults causing bodily harm and making child pornography - The complainant S.C. was 16 at the time of the offences while the complainants S.S. and J.C. were ages 11 and 10 - In sentencing the accused, the Saskatchewan Provincial Court stated, "In assessing victim impact, I also rely on decisions in which courts have taken judicial notice of the psychological effects of sexual assaults. ... Children often suffer immediate physical and psychological harm. Children who have been sexually abused may never be able, as an adult, to form a loving, caring relationship with another adult. Children who have been sexually abused are prone to become abusers themselves when they reach adulthood." - See paragraphs 10 to 12.

Criminal Law - Topic 5848.2

Sentencing - Considerations on imposing sentence - Time already served (incl. bail) - The aboriginal accused A.Q. and V.S. each pled guilty to six charges, including assaults with a weapon, sexual assaults with a weapon, assaults causing bodily harm and making child pornography - At sentencing the accused had spent 26.5 months on remand - During that time, the accused had applied to expunge their guilty pleas - The application was dismissed - At issue was credit for remand time - The Saskatchewan Provincial Court stated, "[T]he accused were not quick to find new lawyers to assist in making the application to expunge their guilty pleas. The hearing date also was delayed to accommodate all counsel's schedules. However, I am unable to conclude from all the circumstances, that the accused were delaying the matter for any improper purpose. Therefore, this delay is not a factor to be considered when determining whether to give credit for pre-sentence custody. I therefore grant both accused credit for their remand time at the rate of 1.5 to 1 which amounts to 40 months." - See paragraphs 46 to 48.

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5803 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children (incl. child pornography) - [See Criminal Law - Topic 5803 ].

Criminal Law - Topic 5874

Sentence - Manufacture, distribution or possession of obscene matter (incl. child pornography) - The aboriginal accused A.Q. and V.S. each pled guilty to six charges, including assaults with a weapon, sexual assaults with a weapon, assaults causing bodily harm and making child pornography - The complainant S.C. was 16 at the time of the offences while the complainants S.S. and J.C. were ages 11 and 10 - V.S. was A.Q.'s mother - S.S. and J.C. were A.Q.'s nieces, who had been placed in A.Q.'s care - The Saskatchewan Provincial Court sentenced A.Q. to a total of eight years' imprisonment (before 40 months credit for remand time), including five years for sexual assault with a weapon on S.S. and five years' concurrent for sexual assault with a weapon on J.C., two years consecutive for assaults with a weapon on S.S. and two years concurrent for assault with a weapon on J.C., two years concurrent for assault causing bodily harm to J.C. and one year consecutive for making child pornography - See paragraphs 51 to 57.

Criminal Law - Topic 5874

Sentence - Manufacture, distribution or possession of obscene matter (incl. child pornography) - The aboriginal accused A.Q. and V.S. each pled guilty to six charges, including assaults with a weapon, sexual assaults with a weapon, assaults causing bodily harm and making child pornography - The complainant S.C. was 16 at the time of the offences while the complainants S.S. and J.C. were ages 11 and 10 - V.S. was A.Q.'s mother - The complainants were A.Q.'s nieces, who had been placed in A.Q.'s care - The Saskatchewan Provincial Court sentenced V.S. to a total of 7.5 years' imprisonment (before 40 months credit for remand time), including five years' imprisonment for sexual assaults with a weapon on S.S., 18 months consecutive for assaults with a weapon on S.S., 18 months concurrent for assault with a weapon on J.C., 18 months concurrent for assault causing bodily harm to J.C. six months concurrent for assault with a weapon on S.C. and one year consecutive for making child pornography - See paragraphs 58 to 64.

Criminal Law - Topic 5883

Sentence - Assault with a weapon or assault causing bodily harm - [See both Criminal Law - Topic 5874 ].

Criminal Law - Topic 5933

Sentence - Sexual assault with weapon, threats to third party or causing bodily harm - [See both Criminal Law - Topic 5874 ].

Cases Noticed:

R. v. W.B.S.; R. v. M.P. (1992), 127 A.R. 65; 20 W.A.C. 65; 73 C.C.C.(3d) 530 (C.A.), refd to. [para. 12].

R. v. D.M. (2012), 294 O.A.C. 71; 111 O.R.(3d) 721; 2012 ONCA 520, refd to. [para. 12].

R. v. Yuzicapi (D.L.) (2010), 377 Sask.R. 133; 528 W.A.C. 133; 2011 SKCA 134, refd to. [para. 22].

R. v. Hamilton (M.A.) et al. (2004), 189 O.A.C. 90; 186 C.C.C.(3d) 129 (C.A.), refd to. [para. 27].

R. v. Knife (1982), 16 Sask.R. 40 (C.A.), refd to. [para. 33].

R. v. Cappo (T.) (1993), 116 Sask.R. 15; 59 W.A.C. 15 (C.A.), refd to. [para. 35].

R. v. Jackson (D.H.), [1994] 3 W.W.R. 125; 116 Sask.R. 146; 59 W.A.C. 146 (C.A.), refd to. [para. 35].

R. v. J.L.S. (2006), 289 Sask.R. 153; 382 W.A.C. 153; 2006 SKCA 95, refd to. [para. 35].

R. v. D.G.H. (1990), 88 Sask.R. 115 (C.A.), refd to. [para. 35].

R. v. N.M. (2014), 446 Sask.R. 249; 621 W.A.C. 249; 2015 SKCA 126, refd to. [para. 36].

R. v. L.A.C. (2013), 414 Sask.R. 207; 575 W.A.C. 207; 2013 SKCA 54, refd to. [para. 39].

R. v. Black (D.W.) (2007), 294 Sask.R. 33; 2007 SKPC 28, refd to. [para. 40].

R. v. W.D. (2008), 449 A.R. 267; 2008 ABPC 290, refd to. [para. 41].

R. v. M.E.N. (1994), 123 Sask.R. 58; 74 W.A.C. 58 (C.A.), refd to. [para. 42].

R. v. McNabb (J.) (2013), 434 Sask.R. 270; 2013 SKPC 208, refd to. [para. 44].

R. v. Summers (S.) (2014), 456 N.R. 1; 316 O.A.C. 349; 308 C.C.C.(3d) 471; 2014 SCC 26, refd to. [para. 47].

R. v. Carvery (L.A.) (2014), 456 N.R. 35; 343 N.S.R.(2d) 393; 1084 A.P.R. 393; 308 C.C.C.(3d) 375; 2014 SCC 27, refd to. [para. 47].

R. v. Gillis (R.P.) (2009), 248 O.A.C. 1; 2009 ONCA 312, refd to. [para. 49].

R. v. Naugle (T.L.) (2011), 302 N.S.R.(2d) 68; 955 A.P.R. 68; 271 C.C.C.(3d) 321; 2011 NSCA 33, refd to. [para. 49].

Counsel:

D. Kim Jones, for the Crown;

Rod Simaluk, for A.Q.;

Marianna Jasper, for V.S.

This matter was heard at Regina, Saskatchewan, by Beaton, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on April 13, 2015.