R. v. Wasylyk (T.J.), (2015) 610 A.R. 202 (PC)

• Judge: Carminati, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: November 10, 2015
• Jurisdiction: Alberta
• Citations: (2015), 610 A.R. 202 (PC)

R. v. Wasylyk (T.J.) (2015), 610 A.R. 202 (PC)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MR.032

Her Majesty the Queen v. Trevor Jason Wasylyk (accused)

(Action No. 141213694P1)

Indexed As: R. v. Wasylyk (T.J.)

Alberta Provincial Court

Carminati, P.C.J.

November 10, 2015.

Summary:

The accused, a teacher, pleaded guilty to fraud over $5,000 respecting his employer, the Edmonton Catholic School Board.

The Alberta Provincial Court imposed a 15 month conditional sentence.

Criminal Law - Topic 5609

Punishments (sentence) - General principles - Right to benefit of lesser punishment - [See Criminal Law - Topic 5859 ].

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5859 ].

Criminal Law - Topic 5830.4

Sentencing - Considerations on imposing sentence - Guilty plea - [See Criminal Law - Topic 5859 ].

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5859 ].

Criminal Law - Topic 5841.3

Sentencing - Considerations on imposing sentence - Professional consequences - [See Criminal Law - Topic 5859 ].

Criminal Law - Topic 5859

Sentence - Fraud - Wasylyk was a teacher employed by the Edmonton Catholic School Board - He used school funds to purchase prepaid Visa cards that had nothing to do with legitimate school expenses - He defrauded the school of $11,289 over a three year period - Wasylyk lied about the fraud the first two times that he was confronted, but subsequently confessed to fraud before he was charged - The Alberta Provincial Court found that a conditional sentence could be considered because the start date of the offence (end of 2011) predated changes to the Criminal Code which removed the option of a conditional sentence for this type of offence - Wasylyk was constitutionally entitled to be sentenced based on the provisions that were in effect at the relevant time - Although a conditional sentence was not generally appropriate for a fraud in a breach of trust situation, it was appropriate here given the mitigating factors which included the guilty plea, the fact that he made full restitution, and the destruction of his career - The court imposed a 15 month conditional sentence.

Cases Noticed:

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161, refd to. [para. 31].

R. v. Bracegirdle (S.) (2004) 354 A.R. 313; 329 W.A.C. 313; 2004 ABCA 252, refd to. [para. 32].

R. v. Bunn (T.A.) (2000), 249 N.R. 296; 142 Man.R.(2d) 256; 212 W.A.C. 256; 2000 SCC 9, refd to. [para. 33].

R. v. Watkinson (C.P.) (2001), 277 A.R. 313; 242 W.A.C. 313; 2001 ABCA 83, refd to. [para. 36].

R. v. Hartz (D.F.) (2002), 312 A.R. 399; 281 W.A.C. 399; 2002 ABCA 108, refd to. [para. 36].

R. v. Steinhubl (J.K.) et al. (2013), 542 A.R. 207; 566 W.A.C. 207; 2013 ABCA 39, refd to. [para. 37].

R. v. McKinnon (V.A.) (2005), 361 A.R. 271; 339 W.A.C. 271; 2005 ABCA 8, refd to. [para. 39].

R. v. Steward (A.E.) (2014), 572 A.R. 195; 609 W.A.C. 195; 2014 ABCA 125, refd to. [para. 46].

Counsel:

J. Danker, for the Crown;

B.A. Vail, Q.C., for the Defence.

This matter was heard before Carminati, P.C.J., of the Alberta Provincial Court, Judicial Centre of Edmonton, who delivered the following sentencing decision on November 10, 2015.