R v. Greschuk, 2011 ABQB 798

Court of Queen ’ s Bench of Alberta Citation: R v. Greschuk, 2011 ABQB 798 Date: 20111216 Docket: 091064642Q1 Registry: Edmonton Between: Her Majesty the Queen - and - Tyler John Greschuk Accused Editorial Notice: Restriction on Publication ended January 25, 2013. Restriction on Publication: By Court Order, the evidence taken, the information given, the representations made and these reasons for decision may not be published, broadcast, or transmitted in any manner, until the end of the trial. See the Criminal Code , s. 517.

Corrected Memorandum: A corrected memorandum was issued on December 20, 2011; the corrections have been made to the text and the corrected memorandum is appended to this judgment. _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice Brian R. Burrows _______________________________________________________

[ 1 ] Tyler John Greschuk seeks judicial interim release pursuant to s. 522 of the Criminal Code . He stands charged that he: 1. On or between the 18 th day of August 2009 and the 28 th day of August 2009, at or near Whitecourt, in the Province of Alberta, did unlawfully cause the death of Ronald Greschuk, thereby committing second degree murder, contrary to Section 235(1) of the Criminal Code , and 2. On or between the 18 th day of August 2009 and the 28 th day of August 2009, at or near Whitecourt, in the Province of Alberta, did improperly interfere with the human remains of Ronald Greschuk by attempting to conceal the human remains, contrary to

Section 182 (

b) of the Criminal Code . [ 2 ] Tyler Greschuk is the son of the deceased Ronald Greschuk. He is 22 years old. At the time of the alleged offence he was 19 years old. [ 3 ] The Crown alleges that in August 2009 Tyler Greschuk was addicted to cocaine. He lived on and off with his father, Ronald Greschuk, in Whitecourt, Alberta. He had been staying with a friend up to about August 10, 2009 but was asked to leave and returned to his father ’ s residence. [ 4 ] Tyler Greschuk ’ s parents were separated or divorced and in August 2009 Tyler Greschuk ’ s mother was in Ontario.

On August 16 th Ronald Greschuk spoke with Tyler Greschuk ’ s mother by telephone about finding help for their son in respect of his addiction problem. On August 17 th Tyler Greschuk was arrested and charged with breaking and entering the Sears store in Whitecourt and committing theft therein. He was released. Ronald Greschuk advised Tyler Greschuk ’ s mother of this development. [ 5 ] On August 18, 2009 Tyler Greschuk and Ronald Greschuk had an argument about money. Tyler Greschuk wanted Ronald Greschuk to give him $40 and Ronald Greschuk refused to do so.

Tyler Greschuk left his father ’ s residence but returned a short time later and the argument resumed. Tyler Greschuk pushed Ronald Greschuk down the basement stairs in the residence. At the bottom of the stairs Tyler Greschuk struck and kicked Ronald Greschuk. He then obtained a hammer and struck Ronald Greschuk on his head. This, the Crown alleges, caused Ronald Greschuk ’ s death. [ 6 ] Tyler Greschuk wrapped Ronald Greschuk ’ s body in a tarp and put the body in a basement bedroom.

He took Ronald Greschuk ’ s bank card and over the ensuing several days used it to withdraw about $14,000 from Ronald Greschuk ’ s account. Bank officials cancelled the card and Tyler Greschuk disposed of it. [ 7 ] Tyler Greschuk continued to stay at his father ’ s residence in the days following his father ’ s death. When people came to the house wondering about Ronald Greschuk ’ s whereabouts Tyler Greschuk advised them that he was out of town. Finally Ronald Greschuk ’ s parents came to the house to check up on their son.

They searched the house and found Ronald Greschuk ’ s body in the basement room wrapped in the tarp. [ 8 ] Tyler Greschuk became aware that the police were looking for him. He turned himself in. Later he gave a statement to the police and participated in a video taped re-enactment of the interactions between himself and his father on August 18, 2009. [ 9 ] The police investigation yielded forensic evidence which the Crown alleges confirms the accuracy of the statement made to them by Tyler Greschuk. [ 10 ] Tyler Greschuk has a significant criminal record:

Offence Date Sentencing Date Offence Sentence 1 unknown Apr. 10, 2007 [Youth] Break Enter and Commit 18 months probation 2 unknown Apr. 10, 2007 [Youth] Fraud under $5000 6 months probation consecutive to 1 3 unknown Apr. 10, 2007 [Youth] Possession of Controlled Substance 6 months probation concurrent with 1 4 unknown Apr. 16, 2008 Break Enter and Commit 2 ½ months gaol, 6 months probation 5 Nov. 30, 2008 Mar. 2, 2009 Breach of Probation 14 days gaol 6 Dec. 31, 2008 - Feb. 24, 2009 Mar. 10, 2009 Breach of Recognizance Suspended sentence - 18 months probation. 7 Dec. 18, 2008 Mar. 10, 2009 Unlawfully in a dwelling house Suspended sentence - 18 months probation. 8 Jan. 20, 2009 Mar. 17, 2009 Failure to Appear Time in Custody 9 Nov. 27, 2008 Mar. 17, 2009 Theft Under $5000 Time in Custody 10 Nov. 27, 2008 Mar. 17, 2009 Breach of Probation Time in Custody 11 Apr. 9, 2009 May 12, 2009 Break Enter and Commit 6 months gaol 12 Apr. 11, 2009 May 12, 2009 Possess Stolen Property 6 months gaol concurrent with 11 13 Apr. 1, 2009 May 12, 2009 Use Forged Document 6 months gaol concurrent with 11 14 Apr. 2, 2009 May 12, 2009 Use Forged Document 6 months gaol concurrent with 11 15 Aug. 17, 2009 Mar. 2, 2010 Break Enter and Commit 6 months gaol 16 Aug. 10, 2009 Mar. 2, 2010 Breach of Probation 6 months gaol concurrent with 15 17 Aug. 28, 2009 Mar. 2, 2010 Possess controlled substance (cocaine) 6 months gaol concurrent with 15

[ 11 ] The forged documents referred to in offences 13 and 14 above were cheques on Tyler Greschuk ’ s father ’ s bank account. The records indicate that the victim of offence 9 above, the theft under $5000, was Tyler Greschuk ’ s mother, Joanne Morin. [ 12 ] The trial of this matter is set to be held before a judge and jury in September 2012.

There will be a week of pretrial motions in June 2012. [ 13 ] Tyler Greschuk has not previously applied for judicial interim release in these proceedings. [ 14 ] Some portion of the 27 months he has spent in custody since his arrest on these charges in late August 2009 relates to the 6 month concurrent sentences imposed in relation to offences 15, 16 and 17 noted above. It is not clear how much of the time he has spent in custody relates to those sentences, though it could not exceed 6 months.

He has therefore spent at least 21 months in pre-trial custody to this point. [ 15 ] The trial was originally set to be held in October 2011 but was adjourned when Tyler Greschuk dismissed his counsel and retained Mr. Piragoff.

The delay between this application and trial is not therefore the result of any default on the part of the Crown. [ 16 ] The Crown submits that Tyler Greschuk ’ s continued detention is justified because it is necessary: - to ensure his attendance in court in these proceedings; - for the protection or safety of the public, having regard to the substantial likelihood that he would commit a criminal offence if released; and - to maintain confidence in the administration of justice. [ 17 ] In respect of the first ground, the Crown submits that if convicted of the offences with which he is charged, Tyler Greschuk is liable to be sentenced to a lengthy period of incarceration, he has no significant routes in any community, and he has no job.

These circumstances create a substantial risk of flight. [ 18 ] In respect of the second ground, the Crown observes that Tyler Greschuk was addicted to cocaine in the summer of 2009. He may not have used cocaine while in custody but he has not received any treatment and there is nothing upon which to base a conclusion that if released he would not return to drug use. It appears that his need to finance his addiction was the cause of the criminal behaviour noted above, and, according to the Crown ’ s theory, the charges he now faces.

These circumstances create a substantial likelihood that he would commit a crime if released. [ 19 ] In respect of the third ground, the Crown submits that it has a strong case, that the offence is at the high end of the gravity scale, that the circumstances of the offence as the Crown alleges them are particularly heinous, and that Tyler Greschuk faces a lengthy term of imprisonment if convicted. The Crown submits that all of the factors identified in s. 515(10)(

c) of the Code are present so that the third ground of justification for continued detention is established. [ 20 ] Mr. Piragoff has submitted materials to establish that the deceased, Ronald Greschuk was very cruel and abusive towards Tyler Greschuk. He noted that Tyler Greschuk ’ s mental and emotional condition at the time of the offence is currently being assessed by a forensic psychologist upon whose report Mr. Piragoff anticipates relying at trial. He submits that in the circumstances, there is a reasonable likelihood that Mr.

Greschuk will, at worst, be found guilty of manslaughter - a crime not as grave as the offence with which he is charged. [ 21 ] Mr. Piragoff advised as well that Tyler Greschuk ’ s mother, Joanne Morin, who attended the bail hearing, is willing to have

her son live with her pending trial. She has returned to Whitecourt. The materials provided indicated that in the past at least, Ms. Morin herself had a drug addiction. There was little or no information provided as to her current status in that regard. [ 22 ] Mr. Piragoff advised as well that work for Tyler Greschuk in Whitecourt has been secured should he be released. No written confirmation in that regard was provided. The provenance of Mr. Piragoff ’ s information in that regard was not mentioned. [ 23 ] Mr. Piragoff advised that Tyler Greschuk has been assaulted while in remand custody.

His youth and slight build make him vulnerable to the violence of other inmates. [ 24 ] Tyler Greschuk himself addressed me during the application.

He said that he was anxious to be released from custody before Christmas and that he would abide by any conditions imposed by the Court. [ 25 ] In my view, Tyler Greschuk has not shown cause why his continued detention in custody is not justified within the meaning of subsection 515(10) of the Criminal Code . [ 26 ] I have considered whether the risks in relation to the first and second grounds might be sufficiently ameliorated by conditions of release and have concluded that they would not be.

I cannot conclude on the basis of the materials before me that living with his mother, who herself was in recent years a drug addict, and who herself was the victim of at least one of Tyler Greschuk ’ s previous offences, would significantly reduce the risk of flight or the substantial likelihood of commission of an offence during the time to trial. [ 27 ] Tyler Greschuk ’ s drug dependency problem has not been addressed. Though he has received some counselling while in remand custody, there is no report before me to give reason to believe he would not resume drug use upon release.

Given his criminal history, renewed drug use would very likely result in his committing crimes to obtain money with which to acquire the drugs. [ 28 ] I find that Tyler Greschuk ’ s continued detention is justified on the first and second grounds. Therefore, I need not consider whether this is one of the few cases in which detention is justified on the third ground. [ 29 ] I dismiss the application. Heard on the 15 th day of December, 2011. Dated at the City of Edmonton, Alberta this 16 th day of December, 2011. Brian R. Burrows J.C.Q.B.A.

Appearances: Robert E. Marr and Karen Thorsrud for the Crown Arnold E. R. Piragoff. Q.C. for the Accused _______________________________________________________ Corrected Memorandum of the of Decision of The Honourable Mr. Justice Brian R. Burrows _______________________________________________________ All references to Robert Greschuk have been corrected to read Ronald Greschuk.