R. v. Bruneau, 2019 BCPC 356

Citation: R. v. Bruneau 2019 BCPC 356 Date: 20191213 File No: 251157-1 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. DYLAN DAVID BRUNEAU BAN ON PUBLICATION 486.4(2) CCC ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE GORDON Counsel for the Crown: J. Cryder Counsel for the Defendant: C. Corriveau Place of Hearing: Vancouver , B.C. Date of Hearing: December 13, 2019 Date of Judgment: December 13, 2019 [ 1 ] THE COURT: Dylan Bruneau comes before the Court for sentencing on a charge of Sexual Interference from an incident dated April 9, 2017. The complainant being a young girl who was at that time 13 years of age; and he at that time was 23 years of age.

[ 2 ] Within a couple of days of the incident, he was made aware of the police investigation but did not become a charged person until significantly later. The information was sworn on March 29 of 2018. A warrant issued, and I imagine he was arrested or turned himself in shortly thereafter and apparently spent one day in custody. [ 3 ] He comes before the Court without any criminal record and has entered a guilty plea to the charge which has saved the complainant from having to testify. [ 4 ] What occurred is that Mr.

Bruneau was not unfamiliar with the complainant, but essentially met her on Snapchat, and began communicating with her. She had posted a photograph of herself with her face and fingernails. He asked for a more sexualized photograph and she sent a photograph of her breasts. They kept communicating. She was living in Surrey with her mother. He was living in an apartment in Burnaby. He invited her over. She left her mother's home after 4:00 in the morning. He paid for the cab. She had anticipated that this might be her first sexual experience, and within minutes of her arriving at his home it was.

She never told him no, but was very anxious throughout. It was not a pleasurable experience for her. She dressed quickly. She left her underwear behind, and I guess he was less gracious about her way home because she took the SkyTrain home. [ 5 ] She got home and she told her mother what had happened. It is unclear to me why her mother did nothing about it, but in any event, this young girl already must have had significant difficulties because she had a psychiatrist at that time.

She told her psychiatrist, who very appropriately told the police and the investigation commenced. [ 6 ] It was a strong Crown case because, among other things, the complainant's underwear was found in Mr. Bruneau's home upon the execution of a search warrant and his DNA was found on her tank top. [ 7 ] The Complainant has not provided a victim impact statement, but the author of the presentence report interviewed her mother and the mother informed that her daughter started counselling shortly after the offence occurred and continues with counselling to date.

The mother states that the Complainant is struggling with post-traumatic stress disorder issues, although there is no evidence before me that she in fact has been diagnosed with that disorder, and experiences night terrors, which she has been advised by the counsellors are normal given the circumstances. The mother believes that her daughter is slowly making progress. [ 8 ] The Probation Officer questioned whether Mr. Bruneau had ever attempted to violate the conditions of his bail order which did not permit contact, and he has not.

He has been completely compliant with the terms of his judicial interim release. [ 9 ] Crown counsel seeks a sentence of 14 months imprisonment and points out that that position is tempered by virtue of Mr. Bruneau's background and particularly the significant Gladue factors in his background. Defence counsel seeks the minimum sentence of 90 days and asks that I order that Mr. Bruneau serve it intermittently. [ 10 ] Mr. Bruneau is of the Squamish Nation on his Mother's side. His Father's Father was indigenous and his Father's Mother was not. Mr. Bruneau's Father was raised by Mr.

Bruneau's paternal Caucasian grandmother and removed from his indigenous community and was unable to live an indigenous existence. Mr. Bruneau fortunately has been raised within the Squamish community, but has suffered like many of his people have suffered. It is trite to quote this portion of the Gladue report, but I will quote it when it speaks of Canada's horrific treatment of its indigenous peoples where the report says: The Indian Act had devastating policies of cultural disruption toward indigenous communities throughout British Columbia. It is trite and it is an understatement. [ 11 ] Mr.

Bruneau grew up observing -- whether he recalls some of it or does not, he certainly observed it -- significant violence in his childhood home and significant violence to his Mother. To his Mother's credit, she is an amazing woman. She is a teacher, she is a school principal, and at a certain point in her children's life she simply determined that the violence she was receiving was not the life that she wanted for her children. She rid herself of the kind of men that she allowed herself to live with who were violent or cruel, so that she tried to give her children the best example possible.

She regrets a lot of what she did because she feels that she did not give Mr. Bruneau a strong male role model for whom to model himself by. [ 12 ] Mr. Bruneau has a Grade 12 education. He went to trade school and obtained a number of certificates and was learning to be a glass glazier at the time of his arrest. He elected to quit school at the time of his arrest rather than attempting to continue his education and see where that would get him.

Over the years, he has worked in a number of restaurants and very forthrightly acknowledges that he has lost virtually every job he ever had because he liked to drink and sleep in. In many ways, the individual who is described in both the presentence report and the Gladue report is a young man of incredibly stunted maturity. He just has not yet reached responsible adulthood.

His lawyer describes him as a work in progress and, in fact, describes what I will call his remorse or lack thereof as work in progress. [ 13 ] He did enter a guilty plea to the charge, which is evidence of remorse because he did not put the Complainant through having to testify. On the other hand, while he certainly acknowledges that this was a crime and while I have no doubt when he says he will not be back before the court that he means that and that he will do everything possible to prevent himself from every being back before the court, he certainly has a lot to learn.

One thing he has to learn is victim empathy. [ 14 ] At page 7 of the presentence report the Probation Officer wrote: With respect to the offence, Dylan informs that he and the victim had been communicating through Snapchat for approximately one month prior to the offence occurring. He states that prior to this he knew of the victim but did not know her well. Dylan advises he did not know that victim's exact age but states he knew she was too young. He describes the victim as acting older and as wanting to engage in the sexual activity. He adds that he believes she initiated the sexual activity.

Dylan states that he wished the offence had not occurred. He states he regrets it and feels stupid for even considering it. He states he cannot explain why he did it. Dylan informs that he was intoxicated at the time of the offence. He believes that his level of intoxication reduced his inhibitions and contributed to him inviting the victim to his home.

With respect to the victim, Dylan denies that any harm has occurred. He states that because she is a problem child he believes that she likely did not experience any trauma. Dylan adds that he feels she is fine and probably has moved on to do the same thing to another guy. I do not think that is a work in progress. It might be a work where progress is required, but it certainly shows at this point zero victim empathy. [ 15 ] On the other hand, there is a lot to be said for this young man.

As his counsel points out, there is nothing that suggests that he is anything other than zero risk to reoffend, and I believe him when he tells me that he genuinely does not wish to be reinvolved in criminal activity. He acknowledges that he is an alcoholic.

I am not certain that he acknowledges the appropriate ways that his alcoholism can be treated, but he certainly acknowledges that he is an alcoholic and that that has been the cause of not only his loss of employment over the years but, more importantly, his involvement in this particular crime. [ 16 ] Defence counsel seeks the minimum sentence of 90 days and asks that it be served intermittently and has handed me five emails from two dates, November 26th of this year and December 2nd of this year, where Mr.

Bruneau made applications for jobs in the restaurant industry online and essentially was told that he could have interviews. There are no guaranteed jobs at this point, but it certainly speaks well of the industry that there is a lot of work available when he is available to work. [ 17 ] In any event, that is not an issue that I have to consider because I am persuaded that the minimum sentence in this case is insufficient for the gravity of this offence. This is sexual intercourse with a 13-year-old girl.

The nature of the offence, as counsel points out, is her age, so I am not going to consider that an additional aggravating factor. She was too young to consent. Communicating with someone that you know is too young is predatory behaviour.

Whether you are a predator or not, it is predatory behaviour. [ 18 ] There are a number of factors in your favour, not the least of which is all of the Gladue factors and the fact that you had to observe all of the things you had to observe as a young man and the fact that I believe you will never be back before the court, but I have to measure that against the very serious gravity of this offence.

When I consider the very serious gravity of this offence, and I consider the sentences that have been imposed upon like offenders I would give you a sentence of nine months. [ 19 ] So I will not give you that today, but I will give you that in January, so that you can spend Christmas with your Mom and your sisters and your girlfriend, and then you will hear the terms of probation in January. But just so that you know, sir, that is what the sentence is going to be. (REASONS CONCLUDED)