R v Gauthier, 2021 ABQB 315

Court of Queen’s Bench of Alberta Citation: R v Gauthier, 2021 ABQB 315 Date: 20210421 Docket: 210065611U1 Registry: Edmonton Between: Her Majesty the Queen - and - Sky Bradley Gauthier Accused _______________________________________________________ Endorsement of the Honourable Mr. Justice B.R. Burrows _______________________________________________________ [ 1 ] Sky Bradley Gauthier seeks review of the January 20, 2021 decision of a Justice of the Peace denying him judicial interim release. [ 2 ] The materials provided to me on this application are somewhat confusing as to exactly what charges Mr.

Gauthier presently faces, but as I understand it, there are 22 charges against him on eight Informations. The offences are alleged to have occurred on various dates between December 29, 2019 and January 19, 2021. They include: driving while prohibited, possession of a weapon (brass knuckles), damage to a vehicle owned by Madison Houle, assault of Ms. Houle, failing to attend court on three occasions, threating Ms. Houle, damaging a vehicle owned by Lillian Favel, two breaches of a release condition not to have contact with Ms.

Houle, two breaches of a release condition not to possess weapons, possession of stolen identity documents (four counts), and possession of a loaded firearm. [ 3 ] Mr. Gauthier is 32 years old. He has a relatively short criminal record. It lists convictions on four occasions: in 2011, 2012, 2015 and 2021. There are a total of seven offences on the record. The 2021 convictions, as I understand it, result from his pleading guilty to two offences which were outstanding at the time of his original bail application. [ 4 ] Counsel advised that Mr.

Gauthier was engaged in significant drug use at the time of his offences. Mr. Gauthier has advised his counsel that though drugs are available in the ERC he has not used them since his incarceration. There is no indication that Mr. Gauthier has had any form of treatment for his substance abuse issues or that he intends to. There is no independent verification that his drug use problem is now under control. [ 5 ] The materials provided for the application include a handwritten note dated March 8, 2021 from Madison Houle, the alleged victim of several of Mr. Gauthier’s alleged offences.

She says she lied to the police when she reported that Mr. Gauthier assaulted her. The note is signed by a Commissioner for Oaths but there is no jurat indicating that Ms. Houle swore its contents to be true. [ 6 ] Mr. Gauthier’s aunt Stephanie Bretton has signed a Surety Declaration indicating that she is willing to promise to pay

$1000.00 should Mr. Gauthier breach the terms of his release, if he is released. I understand that Ms. Bretton has an extremely old criminal record which would not, in my view, justify discounting the security she has offered. I understand that the release plan includes Mr. Gauthier living with Ms. Bretton – and having his two children who are presently taking school by on-line attendance – moving from Mr. Gauthier’s sister’s to Ms. Bretton’s residence so Mr. Gauthier can take care of them. [ 7 ] Mr.

Gauthier’s trial, according the information I was given for this application, is set for June 10, 2021, about 50 days from now. [ 8 ] The Crown is opposed to Mr. Gauthier’s release. Mr. Mott indicated that the Crown’s greatest concern is that Mr. Gauthier was found in possession of a loaded firearm at the time of his most recent arrest, which was a time when he was on judicial interim release with charges on about eight Informations outstanding. Though Mr. Gauthier is presumed to be innocent of that offence at this point, the Crown’s case appears to be reasonably strong. Mr.

Mott observed that the risk to public safety given that particular offence, given Mr. Gauthier’s alleged inability to comply with release conditions and given the less than clear information about the state of his drug dependency, argue strongly against his release. [ 9 ] I agree with Mr. Mott’s assessment of the situation. In my view, Mr. Gauthier has not met the onus on him to show that his continued detention is not required both to ensure his attendance in court and to protect and keep the public safe. [ 10 ] Mr. Gauthier’s application is denied. Heard on the 19 th day of April, 2021.

Dated at the City of Edmonton, Alberta this 21 st day of April, 2021. B.R. Burrows J.C.Q.B.A. Appearances: K. Mott for the Crown Z. Elias for the Accused